Angelo J. Andrews v. Sacramento Sheriff County Jail

Summary

The United States District Court for the Eastern District of California adopted in full a magistrate judge's findings and recommendations concerning Angelo J. Andrews's 28 U.S.C. § 2254 habeas petition. The court dismissed the action without prejudice, declined to issue a certificate of appealability, and directed the Clerk to close the case.

Holdings

1. The district court adopted the magistrate judge's findings and recommendations in full after conducting de novo review under 28 U.S.C. § 636(b)(1)(C).
2. The pending habeas action was dismissed without prejudice.
3. A certificate of appealability was denied because reasonable jurists would not find the court's determination that the petition must be dismissed debatable or wrong.

Questions Presented

1. Whether the district court should adopt the magistrate judge's findings and recommendations after conducting de novo review when petitioner filed no objections.
2. Whether the habeas action should be dismissed without prejudice.
3. Whether a certificate of appealability should issue after dismissal of the habeas petition.

Disposition

dismissed