Hernandez v. Schultz

Summary

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

Holdings

1. The findings and recommendations were supported by the record and proper analysis, and petitioner's objections did not identify an error requiring rejection; therefore, the findings and recommendations were adopted in full and the habeas petition was denied with prejudice.
2. A certificate of appealability should not issue because reasonable jurists would not find the denial of the petition debatable or wrong and petitioner did not make the required substantial showing of the denial of a constitutional right.

Questions Presented

1. Whether the magistrate judge's findings and recommendations recommending denial of the § 2254 petition should be adopted after de novo review of petitioner's objections.
2. Whether a certificate of appealability should issue following denial of the habeas petition on the merits.

Disposition

dismissed