Michael Hoffer v. Martin Gamboa

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA MICHAEL HOFFER, No. 2:25-CV-01253-DC-DMC (HC) 12 Petitioner, 13 v. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS MARTIN GAMBOA, (Doc. Nos. 12, 13) 15 Respondent.

17 Petitioner Michael Hoffer, a state prisoner proceeding pro se, filed this application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

20 On November 12, 2025, the magistrate judge filed findings and recommendations herein, which were served on all parties and contained notice that any objections to the findings and recommendations were to be filed within fourteen (14) days. (Doc. No. 13.) Neither party filed objections to the findings and recommendations, and the time to do so has passed.

24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this court has conducted a de novo review of this case. Having carefully reviewed the entire file, the court finds the findings and recommendations to be supported by the record and by proper analysis.

28 Having concluded that the pending petition must be dismissed, the court also declines to | issue a certificate of appealability. A petitioner seeking writ of habeas corpus has no absolute | right to appeal; he may appeal only in limited circumstances. See 28 U.S.C. § 2253; Miller-El v. | Cockrell, 537 U.S. 322, 335-36 (2003). If a court denies a petitioner's petition, the court may only | issue a certificate of appealability when a petitioner makes a substantial showing of the denial of | aconstitutional right. 28 U.S.C. § 2253(c)(2). Where, as here, the court denies habeas relief on | procedural grounds without reaching the underlying constitutional claims, the court should issue a | certificate of appealability if “jurists of reason would find it debatable whether the petition states | valid claim of the denial of a constitutional right and that jurists of reason would find it | debatable whether the district court was correct in its procedural ruling.” Slack v. McDaniel, 529 | U.S. 473, 484 (2000).

11 In the present case, the court finds that reasonable jurists would not find the court's | determination that the pending petition must be dismissed to be debatable or wrong. Thus, the | court declines to issue a certificate of appealability.

14 Accordingly, IT IS HEREBY ORDERED that: 15 1. The findings and recommendations filed on November 12, 2025 (Doc. No. 13) are 16 ADOPTED in full; 17 2. Respondent Martin Gamboa’s motion to dismiss (Doc. No. 12) is GRANTED; 18 3. The petition for writ of habeas corpus (Doc. No. 1) is DISMISSED; 19 4. The court declines to issue a certificate of appealability; and 20 5. The Clerk of the Court is directed to close this case.

IT IS SO ORDERED. □ | Dated: _December 30, 2025 _ DUC Dena Coggins 24 United States District Judge