Skip to content.
About GPO   |   Newsroom/Media   |   Congressional Relations   |   Inspector General   |   Careers   |   Contact   |   askGPO   |   Help  

  FDsys > More Information
(Search string is required)

16-1774 - Gonsalves #227864 v. Ryan et al

Download Files


Document in Context
16-1774 - Gonsalves #227864 v. Ryan et al
December 22, 2016
PDF | More
REPORT AND RECOMMENDATION: Petitioner's Petition for Writ of Habeas Corpus (Doc. 1) be DENIED. IT IS FURTHER RECOMMENDED that a certificate of appealability and leave to proceed in forma pauperis on appeal be denied because Petitioner has not made a substantial showing of the denial of a constitutional right. This recommendation is not an order that is immediately appealable to the Ninth Circuit Court of Appeals. The parties shall have fourteen days from the date of service of a copy of this recommendation within which to file specific written objections with the Court. The parties have fourteen days within which to file a response to the objections. Failure to file timely objections to the Magistrate Judge's Report and Recommendation may result in the acceptance of the Report and Recommendation by the District Court without further review. Failure to file timely objections to any factual determinations of the Magistrate Judge may be considered a waiver of a party's right to appellate review of the findings of fact in an order or judgment entered pursuant to the Magistrate Judge's recommendation. Signed by Magistrate Judge Bridget S Bade on 12/22/2016. (REK)
January 25, 2017
PDF | More
ORDER ADOPTING 14 Magistrate Judge Bade's Report and Recommendation. The Petition for Habeas Corpus pursuant to 28 U.S.C. ยง 2254 (Doc. 1) is denied and dismissed with prejudice. Pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases, a Certificate of Appealability and leave to proceed in forma pauperis on appeal are DENIED because dismissal of the Petition is justified, in part, because reasonable jurists could not find that the Court's determination that Petitioner is not entitled to relief debatable, wrong, or deserving of encouragement to proceed further. The Clerk shall terminate this action and enter judgment. Signed by Judge Diane J Humetewa on 1/25/17. (LSP)