Victor Manuel Quintero v. Tristan Lemon

Summary

The United States District Court for the Eastern District of California adopted the magistrate judge’s findings and recommendations and denied Victor Manuel Quintero’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 district court adopted the magistrate judge's findings and recommendations in full and denied Quintero's petition for a writ of habeas corpus.
2. The court declined to issue a certificate of appealability because reasonable jurists would not find the denial of the petition debatable or wrong and Quintero had not made the required substantial showing of the denial of a constitutional right.

Questions Presented

1. Whether the magistrate judge's findings and recommendations denying Quintero's § 2254 petition should be adopted after de novo review.
2. Whether Quintero made the substantial showing of the denial of a constitutional right necessary for issuance of a certificate of appealability.

Disposition

dismissed