Opinion
Civil Action 22-CV-139
08-20-2024
OSCAR MARTINEZ, Petitioner, v. SUPERINTENDENT PATRICIA THOMPSON, et al., Respondents.
ORDER
CHAD F. KENNEY, JUDGE.
AND NOW, this 20th day of August 2024, upon consideration of the Petition for Writ of Habeas Corpus (ECF No. 1), the Response to the Petition (ECF No. 19), the Report and Recommendation filed by United States Magistrate Judge Jose Raul Arteaga (ECF No. 30), and the Objections to the Report and Recommendation (ECF No. 31), and after a thorough and independent review of the record, it is hereby ORDERED that:
1. The Report and Recommendation of Magistrate Judge Jose Raul Arteaga is APPROVED and ADOPTED;
2. Petitioner's Objections (ECF No. 31) are OVERRULED;
Petitioner lodges various objections to Judge Arteaga's Report and Recommendation. However, none of these objections appear to address Judge Arteaga's analysis from the Report and Recommendation. Even when construed liberally, see Erickson v. Pardus, 551 U.S. 89, 94 (2007) (explaining that “[a] document filed pro se is to be liberally construed”) (citation and quotation marks omitted), Petitioner's objections appear to simply restate his habeas claims. Therefore, Petitioner's objections are overruled for the same reasons that Petitioner's habeas claims are denied, as discussed and analyzed at length by Judge Arteaga in the Report and Recommendation.
3. The Petition for Writ of Habeas Corpus is DISMISSED WITHOUT PREJUDICE; and
4. No certificate of appealability shall issue because the petitioner has not made a substantial showing of the denial of a constitutional right under 28 U.S.C. § 2253(c)(2).