Burnett v. Smelosky

Burnett v. Smelosky

Petitioner:	Ester Burnett
Respondent:	Michael A Smelosky
Case Number:	3:2009cv02681
Filed:	November 20, 2009
Court:	US District Court for the Southern District of California
Office:	San Diego Office
County:	Fresno
Presiding Judge:	Michael M. Anello
Presiding Judge:	Anthony J. Battaglia
Nature of Suit:	None
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By:	None

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Date Filed	Document Text
November 29, 2010	Filing 20 ORDER Adopting 19 Report and Recommendations; and Denying 3 First Amended Petition for Writ of Habeas Corpus. The Court concludes that the magistrate judge issued an accurate report and well-reasoned recommendation that the instant petition be de nied. Accordingly, the Court adopts the Report and Recommendation in its entirety and denies Petitioner's first amended petition for writ of habeas corpus. For the reasons set forth in detail in the Report and Recommendation, Petitioner has not made a substantial showing of the denial of a constitutional right. Accordingly, a certificate of appealability should not issue in this action. Signed by Judge Michael M. Anello on 11/29/2010. (All non-registered users served via U.S. Mail Service)(leh)

Date Filed

Document Text

November 29, 2010

Filing 20 ORDER Adopting 19 Report and Recommendations; and Denying 3 First Amended Petition for Writ of Habeas Corpus. The Court concludes that the magistrate judge issued an accurate report and well-reasoned recommendation that the instant petition be de nied. Accordingly, the Court adopts the Report and Recommendation in its entirety and denies Petitioner's first amended petition for writ of habeas corpus. For the reasons set forth in detail in the Report and Recommendation, Petitioner has not made a substantial showing of the denial of a constitutional right. Accordingly, a certificate of appealability should not issue in this action. Signed by Judge Michael M. Anello on 11/29/2010. (All non-registered users served via U.S. Mail Service)(leh)

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Petitioner: Ester Burnett
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Respondent: Michael A Smelosky
Represented By:	Attorney General
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