Reyes v. Cisneros

Summary

The United States District Court for the Eastern District of California adopted the magistrate judge’s findings and recommendations and dismissed Osbaldo Reyes’s petition for a writ of habeas corpus under 28 U.S.C. § 2254 for lack of jurisdiction. The court dismissed the petition with prejudice, directed the clerk to enter judgment and close the case, and declined to issue a certificate of appealability.

Holdings

1. The magistrate judge's findings and recommendations recommending dismissal for lack of jurisdiction were supported by the record and proper analysis and were adopted in full; the § 2254 petition was dismissed with prejudice.
2. A certificate of appealability was denied because Reyes had not made the required substantial showing of the denial of a constitutional right, and reasonable jurists would not debate the court's determination.

Questions Presented

1. Whether the magistrate judge's recommendation to dismiss the § 2254 petition for lack of jurisdiction should be adopted after de novo review.
2. Whether Reyes made the substantial showing of the denial of a constitutional right necessary for issuance of a certificate of appealability.

Disposition

dismissed