Summary
The United States District Court for the Eastern District of California adopted the magistrate judge’s findings and recommendations and dismissed David Lee Lucas’s habeas corpus petition challenging his commitment under the Sexually Violent Predator Act. The court declined to issue a certificate of appealability and directed the clerk to close the case.
Holdings
- The findings and recommendations were supported by the record and proper analysis, and petitioner's objections did not provide a basis for rejecting them; accordingly, the court adopted the findings and recommendations in full.
- The habeas petition was dismissed on procedural grounds.
- 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
- Whether the magistrate judge's findings and recommendations should be adopted despite petitioner's untimely objections.
- Whether the pending habeas petition should be dismissed on the procedural grounds identified in the findings and recommendations.
- Whether a certificate of appealability should issue after dismissal of the habeas petition.
Disposition
dismissed
Cases Cited (2)
- Miller-El v. Cockrell, 537 U.S. 322, 335-36 (2003)(followed)
- Slack v. McDaniel, 529 U.S. 473, 484 (2000)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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