Aroz v. Covello

Summary

The United States District Court for the Eastern District of California adopted the Magistrate Judge’s findings and recommendations and denied Alex Aroz’s application for a writ of habeas corpus under 28 U.S.C. § 2254. The court declined to consider a new claim raised in the traverse, denied 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 reviewing the record and finding them supported by the record and the magistrate judge's analysis.
2. Petitioner's application for a writ of habeas corpus was denied.
3. The court declined to consider the new claim raised in the traverse.
4. The court declined to issue a certificate of appealability because petitioner had not made a substantial showing of the denial of a constitutional right.

Questions Presented

1. Whether the magistrate judge's findings and recommendations should be adopted when neither party filed objections.
2. Whether petitioner was entitled to habeas relief under 28 U.S.C. § 2254.
3. Whether the court should consider a new claim raised for the first time in the traverse.
4. Whether petitioner was entitled to a certificate of appealability.

Disposition

denied