Mitchell v. Cate

Full title: MICHAEL MITCHELL, Petitioner, v. MATTHEW CATE, Respondent.

Court: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Date published: Oct 4, 2013

CASE NO. 13cv0634 DMS (MDD) (S.D. Cal. Oct. 4, 2013)

Opinion

CASE NO. 13cv0634 DMS (MDD)

2013-10-04

MICHAEL MITCHELL, Petitioner, v. MATTHEW CATE, Respondent.

DANA M. SABRAW

ORDER (1) ADOPTING REPORT AND

RECOMMENDATION AND (2)

GRANTING MOTION TO DISMISS

[Docket Nos. 6, 10]

On March 15, 2013, Petitioner Michael Mitchell, a state prisoner proceeding pro se, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On August 6, 2013, Magistrate Judge Mitchell D. Dembin issued a Report and Recommendation ("R&R") recommending that the Court grant Respondent's motion to dismiss. Petitioner filed objections to the R&R on August 28, 2013.

This Court, having reviewed de novo the Magistrate Judge's R&R and Petitioner's objections thereto adopts the Magistrate Judge's recommendation in full and GRANTS Respondent's motion to dismiss. The Court finds no basis for a certificate of appealability.

IT IS SO ORDERED.

____________________

HON. DANA M. SABRAW

United States District Judge