Opinion
CASE NO. C11-0250-TSZ
08-16-2011
KENNETH R. ALSTON, Petitioner, v. JEFFERY A. UTTECHT, Respondent
ORDER DENYING PETITION FOR
WRIT OF HABEAS CORPUS
The Court, having reviewed petitioner's petition for writ of habeas corpus, the Report and Recommendation of Mary Alice Theiler, United States Magistrate Judge, and the _________ remaining record, does hereby find and ORDER:
(1) The Court adopts the Report and Recommendation;
(2) Petitioner's petition for writ of habeas corpus (Dkt. No. 7) is DENIED and this action is DISMISSED with prejudice;
(3) In accordance with Rule 11 of the Rules Governing Section 2254 Cases in the United States District Courts, a certificate of appealability is DENIED with respect to the two claims asserted by petitioner in his federal habeas petition; and
(4) The Clerk shall send copies of this Order to petitioner, to counsel for respondent, and to Judge Theiler.
THOMAS S. ZILLY
United States District Judge