Roberto Saldana, Jr. v. M. E. Spearman

Summary

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

Holdings

1. The findings and recommendations were supported by the record and proper analysis and were adopted in full; the § 2254 habeas petition was denied.
2. A certificate of appealability was denied 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.
2. Whether petitioner made the showing required for issuance of a certificate of appealability after denial of the habeas petition on the merits.

Disposition

writ_denied