(HC) Craig v. Biter, et al., No. 1:2011cv02165 - Document 12 (E.D. Cal. 2012)
Court Description: ORDER ADOPTING 11 FINDINGS AND RECOMMENDATIONS and Dismissing Petition for Writ of Habeas Corpus; the Court DECLINES TO ISSUE A CERTIFICATE OF APPEALABILITY signed by Chief Judge Anthony W. Ishii on 07/21/2012. CASE CLOSED. (Flores, E)
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(HC) Craig v. Biter, et al. Doc. 12 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 DANTE CRAIG, 1:11-cv-02165-AWI-MJS (HC) 10 Petitioner, ORDER ADOPTING FINDINGS AND RECOMMENDATION AND DISMISSING PETITION FOR WRIT OF HABEAS CORPUS 11 v. 12 13 M.D. BITER, (Doc. 11) Respondent. 14 / 15 16 17 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. 18 On May 24, 2012, the Magistrate Judge issued a Findings and Recommendation 19 that Respondent's Motion to Dismiss be GRANTED. This Findings and Recommendation 20 was served on all parties with notice that any objections were to be filed within thirty (30) 21 days of the date of service of the order. Neither party filed objections. 22 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this Court has 23 conducted a de novo review of the case. Accordingly, having carefully reviewed the entire 24 file, the Court concludes that the Magistrate Judge's Findings and Recommendation is 25 supported by the record and proper analysis. 26 Accordingly, IT IS HEREBY ORDERED that: 27 1. 28 The Findings and Recommendation issued May 24, 2012, is ADOPTED IN FULL; and -1Dockets.Justia.com 1 2. The Petition for Writ of Habeas Corpus is DISMISSED; and 2 3. The Clerk of Court is DIRECTED to enter judgment and close the case; and 3 4. The Court DECLINES to issue a Certificate of Appealability. 28 U.S.C. § 4 2253(c); Slack v. McDaniel, 529 U.S. 473, 484 (2000) In order to obtain a 5 COA, petitioner must show: (1) that jurists of reason would find it debatable 6 whether the petition stated a valid claim of a denial of a constitutional right; 7 and (2) that jurists of reason would find it debatable whether the district court 8 was correct in its procedural ruling. Slack v. McDaniel, 529 U.S. at 484. In 9 the present case, jurists of reason would not find debatable whether the 10 petition was properly dismissed. Petitioner has not made the required 11 substantial showing of the denial of a constitutional right. 12 IT IS SO ORDERED. 13 14 Dated: 0m8i78 July 21, 2012 CHIEF UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-
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