Kelly K Hamilton v. Christopher Moody, et al.

Summary

The United States District Court for the District of Arizona adopted a magistrate judge’s report and recommendation in a 28 U.S.C. § 2254 habeas action. The court overruled the petitioner’s objections, denied the habeas petition, denied a certificate of appealability and leave to proceed in forma pauperis on appeal, and directed the Clerk to enter judgment.

Holdings

1. The district court conducted de novo review of the report and recommendation and properly considered Petitioner's objections under 28 U.S.C. § 636(b)(1).
2. The report and recommendation was adopted, Petitioner's objections were overruled, and the § 2254 habeas petition was denied.
3. A certificate of appealability and leave to proceed in forma pauperis on appeal were denied because Petitioner had not made a substantial showing of the denial of a constitutional right.

Questions Presented

1. What standard of review governs a district court's review of a magistrate judge's report and recommendation when timely objections are filed under 28 U.S.C. § 636(b)(1)?
2. Whether the magistrate judge's report and recommendation should be adopted and the petition for a writ of habeas corpus denied.
3. Whether Petitioner was entitled to a certificate of appealability or leave to proceed in forma pauperis on appeal.

Disposition

dismissed