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Garcia v. Muniz, 2:16-CV-7606-MWF (LAL). (2018)

Court: District Court, C.D. California Number: infdco20180402833 Visitors: 7
Filed: Mar. 30, 2018
Latest Update: Mar. 30, 2018
Summary: ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AND DENYING CERTIFICATE OF APPEALABILITY MICHAEL W. FITZGERALD , District Judge . Pursuant to 28 U.S.C. 636, the Court has reviewed the Petition, the Magistrate Judge's Report and Recommendation, and the remaining record, and has made a de novo determination. Accordingly, IT IS ORDERED THAT: 1. The Report and Recommendation is approved and accepted; 2. Judgment be entered denying the Petition and dismissing t
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ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AND DENYING CERTIFICATE OF APPEALABILITY

Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the Magistrate Judge's Report and Recommendation, and the remaining record, and has made a de novo determination.

Accordingly, IT IS ORDERED THAT:

1. The Report and Recommendation is approved and accepted; 2. Judgment be entered denying the Petition and dismissing this action with prejudice; and 3. The Clerk serve copies of this Order on the parties.

Additionally, for the reasons stated in the Report and Recommendation, the Court finds that Petitioner has not made a substantial showing of the denial of a constitutional right.1 Thus, the Court declines to issue a certificate of appealability.

FootNotes


1. See 28 U.S.C. § 2253; Fed. R. App. P. 22(b); Miller-El v. Cockrell, 537 U.S. 322, 336, 123 S.Ct. 1029, 154 L. Ed. 2d 931 (2003).
Source:  Leagle

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