Errol Joseph Scorza, IV v. Office of the Attorney General for the State of California, et al.

Summary

The United States District Court for the Central District of California accepted the magistrate judge's findings, conclusions, and recommendations without objections. The court ordered judgment dismissing the action without prejudice to refiling if authorized by the Ninth Circuit and denied a certificate of appealability.

Holdings

1. The district court accepted the findings and conclusions of the magistrate judge's Report and Recommendation after reviewing the petition, the record, and the absence of objections.
2. The action was dismissed without prejudice to refiling if authorized by the Ninth Circuit.
3. A certificate of appealability was denied because Petitioner had not made a substantial showing of the denial of a constitutional right.

Questions Presented

1. Whether the district court should accept the magistrate judge's Report and Recommendation after reviewing the petition and record and receiving no objections.
2. Whether the action should be dismissed without prejudice to refiling if authorized by the Ninth Circuit.
3. Whether Petitioner made the substantial showing of the denial of a constitutional right required for a certificate of appealability.

Disposition

dismissed