Williams v. Sherman et al
| Chris Anthony Williams |
| Stuart Sherman and Xavier Becerra |
| 3:2017cv01064 |
| May 22, 2017 |
| US District Court for the Southern District of California |
| San Diego Office |
| Kings |
| Anthony J. Battaglia |
| Peter C. Lewis |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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| Document Text |
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Filing
18
ORDER adopting re 16 Report and Recommendation; denying Petitioner's Writ of Habeas Corpus. The Court hereby: (1) ADOPTS Magistrate Judge Lewis's R&R; and (2) DENIES Petitioner's petition for writ of habeas corpus.When a district co urt enters a final order adverse to the applicant in a habeas corpus proceeding, it must either issue or deny a certificate of appealability, which is required to appeal a final order in a habeas corpus proceeding. 28 U.S.C. § 2253(c)(1)(A). A c ertificate of appealability is appropriate only where the petitioner makes "a substantial showing of the denial of a constitutional right." Miller-El v. Cockrell, 537 U.S. 322, 330 (2003) (quoting 28 U.S.C. § 2253(c)(2)). Under this st andard, the petitioner must demonstrate that "reasonable jurists could debate whether the petition should have been resolved in a different manner or that the issues presented were adequate to deserve encouragement to proceed further." Slac k v. McDaniel, 529 U.S. 473, 48384 (2000) (citation and internal quotation marks omitted). Here, the Court finds that reasonable jurists could not debate the Courts conclusion to dismiss with prejudice Petitioner's claims and therefore DECLINES to issue a certificate of appealability. The Court Clerk is directed to CLOSE this case. Signed by Judge Anthony J. Battaglia on 2/12/2018. (All non-registered users served via U.S. Mail Service)(acc) (sjt).
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Filing
16
REPORT AND RECOMMENDATION re 1 Petition for Writ of Habeas Corpus, filed by Chris Anthony Williams. Objections to R&R due by 2/9/2018. Signed by Magistrate Judge Peter C. Lewis on 1/17/2018.(All non-registered users served via U.S. Mail Service)(acc)
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