(HC) Scott v. Sherman, No. 2:2016cv01957 - Document 35 (E.D. Cal. 2019)

Court Description: ORDER signed by District Judge John A. Mendez on 10/7/19 ADOPTING in full 27 Findings and Recommendations and DENYING the petitioner's application for a writ of habeas corpus. The court DECLINES to issue the certificate of appealability and DENIES petitioner's 33 motion to appoint counsel. CASE CLOSED(Kastilahn, A)
Download PDF
(HC) Scott v. Sherman Doc. 35 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 THOMAS CHARLES SCOTT, 12 Petitioner, 13 14 No. 2:16-cv-1957 JAM KJN P v. ORDER STEWART SHERMAN, et al., 15 Respondents. 16 Petitioner, a state prisoner proceeding pro se, has filed this application for a writ of habeas 17 18 corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On May 2, 2019, the magistrate judge filed findings and recommendations herein which 20 21 were served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within fourteen days. Petitioner has filed 23 objections to the findings and recommendations. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 24 25 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 court finds the findings and recommendations to be supported by the record and by proper 27 analysis. 28 ///// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed May 2, 2019, are adopted in full; 3 2. The petitioner’s application for a writ of habeas corpus is denied; 4 3. The court declines to issue the certificate of appealability referenced in 28 U.S.C. 5 6 § 2253; and 4. In light of this order, petitioner’s motion to appoint counsel (ECF No. 33) is denied. 7 8 9 10 DATED: October 7, 2019 /s/ John A. Mendez____________ _____ UNITED STATES DISTRICT COURT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2