(HC) Jackson v. Sisto, No. 2:2008cv02353 - Document 16 (E.D. Cal. 2011)

Court Description: ORDER signed by Judge Morrison C. England, Jr on 3/21/11 ORDERING the findings and recommendations 15 ADOPTED IN FULL; petitioner's petition for writ of habeas corpus 1 DENIED; the court DECLINES TO ISSUE A CERTIFICATE OF APPEALABILITY; and the clerk is directed to enter judgment and close case; CASE CLOSED. (Carlos, K)

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(HC) Jackson v. Sisto Doc. 16 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN JACKSON, 12 Petitioner, 13 14 No. 2:08-cv-02353-MCE-CMK-P vs. ORDER D.K. SISTO, 15 Respondent. 16 / 17 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of 18 habeas corpus pursuant to 28 U.S.C. § 2254 challenging the denial of parole. The matter was 19 referred to a United States Magistrate Judge pursuant to Eastern District of California local rules. 20 On February 8, 2011, the Magistrate Judge filed findings and recommendations 21 herein which were served on the parties and which contained notice that the parties may file 22 objections within a specified time. No objections to the findings and recommendations have 23 been filed. 24 /// 25 /// 26 /// 1 Dockets.Justia.com 1 The court has reviewed the file and finds the findings and recommendations to be 2 supported by the record and by the Magistrate Judge's analysis. See Swarthout v. Cooke, 562 3 U.S. ___, 2011 WL 197627, at *2 (Jan. 24, 2011) (per curiam). 4 Pursuant to Rule 11(a) of the Federal Rules Governing Section 2254 Cases, the 5 court has considered whether to issue a certificate of appealability. Before petitioner can appeal 6 this decision, a certificate of appealability must issue. See 28 U.S.C. § 2253(c); Fed. R. App. P. 7 22(b). Where the petition is denied on the merits, a certificate of appealability may issue under 8 28 U.S.C. § 2253 “only if the applicant has made a substantial showing of the denial of a 9 constitutional right.” 28 U.S.C. § 2253(c)(2). The court must either issue a certificate of 10 appealability indicating which issues satisfy the required showing or must state the reasons why 11 such a certificate should not issue. See Fed. R. App. P. 22(b). Where the petition is dismissed 12 on procedural grounds, a certificate of appealability “should issue if the prisoner can show: 13 (1) ‘that jurists of reason would find it debatable whether the district court was correct in its 14 procedural ruling’; and (2) ‘that jurists of reason would find it debatable whether the petition 15 states a valid claim of the denial of a constitutional right.’” Morris v. Woodford, 229 F.3d 775, 16 780 (9th Cir. 2000) (quoting Slack v. McDaniel, 529 U.S. 473, 120 S.Ct. 1595, 1604 (2000)). 17 For the reasons set forth in the Magistrate Judge’s findings and recommendations, the court finds 18 that issuance of a certificate of appealability is not warranted in this case. 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 2 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed February 8, 2011, are adopted in 4 2. Petitioner’s petition for a writ of habeas corpus (Doc. 1) is denied; 5 3. The court declines to issue a certificate of appealability; and 6 4. The Clerk of the Court is directed to enter judgment and close this file. 3 7 8 full; IT IS SO ORDERED. Dated: March 21, 2011 9 10 11 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 3

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