Kon v. Sherman, 8:16-cv-00397-SVW (SK). (2018)
Court: District Court, C.D. California
Number: infdco20180209939
Visitors: 7
Filed: Feb. 01, 2018
Latest Update: Feb. 01, 2018
Summary: ORDER ACCEPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE AND DENYING CERTIFICATE OF APPEALABILITY STEPHEN V. WILSON , District Judge . Pursuant to 28 U.S.C. 636, the Court has reviewed the Petition, all the records herein, the attached Report and Recommendation of the U.S. Magistrate Judge, and Petitioner's Objections to the Report and Recommendation. Having completed its de novo review of those portions of the Report and Recommendation to which Petitioner has objected, the Court con
Summary: ORDER ACCEPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE AND DENYING CERTIFICATE OF APPEALABILITY STEPHEN V. WILSON , District Judge . Pursuant to 28 U.S.C. 636, the Court has reviewed the Petition, all the records herein, the attached Report and Recommendation of the U.S. Magistrate Judge, and Petitioner's Objections to the Report and Recommendation. Having completed its de novo review of those portions of the Report and Recommendation to which Petitioner has objected, the Court conc..
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ORDER ACCEPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE AND DENYING CERTIFICATE OF APPEALABILITY
STEPHEN V. WILSON, District Judge.
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, all the records herein, the attached Report and Recommendation of the U.S. Magistrate Judge, and Petitioner's Objections to the Report and Recommendation. Having completed its de novo review of those portions of the Report and Recommendation to which Petitioner has objected, the Court concludes that nothing in the Objections affects or alters the findings and conclusions set forth in the Report and Recommendation. The Court concurs with and accepts the findings, conclusions, and recommendations of the Magistrate Judge.
Further, pursuant to 28 U.S.C. § 2253(c)(2)and Federal Rule of Appellate Procedure 22(b), the Court finds for the reasons stated in the Report and Recommendation that Petitioner has not made a substantial showing of the denial of a constitutional right.
THEREFORE, the Petition is DENIED and Petitioner's requests for discovery and an evidentiary hearing are DENIED. Judgment shall be entered dismissing this action with prejudice. A request for a certificate of appealability is also DENIED.
IT IS SO ORDERED.
Source: Leagle
