Ruben Adrian Cortes, Jr. v. Stephen Smith

Summary

The United States District Court for the Central District of California accepted the magistrate judge’s findings, conclusions, and recommendations after conducting de novo review of the petitioner’s objections. The court denied the petition, dismissed the action with prejudice, and denied a certificate of appealability.

Holdings

1. The district court accepted the findings and conclusions of the magistrate judge after conducting de novo review of the portions to which the petitioner objected.
2. The petition was denied and the action was dismissed with prejudice.
3. A certificate of appealability will not issue because the petitioner did not make the required showing that the district court erred in its procedural ruling.

Questions Presented

1. Whether the district court should accept the magistrate judge's findings, conclusions, and recommendations after reviewing the petitioner's objections.
2. Whether the habeas petition should be denied and the action dismissed with prejudice.
3. Whether a certificate of appealability should issue.

Disposition

dismissed