(HC) Smith v. Sisto, No. 2:2009cv00041 - Document 15 (E.D. Cal. 2010)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Timothy J. Bommer on 9/10/10 ORDERING the petitioner's request for an order to show cause is DENIED as moot; petitioner's request for the appointment of counsel is DENIED; an d petitioner's request for an evidentiary hearing is DENIED; and RECOMMENDING that Petitioner's application for Writ of Habeas Corpus be DENIED. Referred to Judge Frank C. Damrell, Jr; Objections due within 21 days after being served with these findings and recommendations. (Becknal, R)