Nathan McKinney v. Ernest Roe

Filing 173

ORDER ACCEPTING REPORT AND ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE, AND DENYING CERTIFICATE OF APPEALABILITY by Judge Otis D. Wright, II. (See document for further details.) re: Report and Recommendation (Issued) 170 . (sbou)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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NATHAN MCKINNEY,
Petitioner,

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v.
RONALD DAVIS, WARDEN,

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Respondent.

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CASE NO. CV 02-4493-ODW (PJW)
ORDER ACCEPTING REPORT AND
ADOPTING FINDINGS, CONCLUSIONS,
AND RECOMMENDATIONS OF UNITED
STATES MAGISTRATE JUDGE, AND
DENYING CERTIFICATE OF
APPEALABILITY

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Pursuant to 28 U.S.C. Section 636, the Court has reviewed the

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Petition, records on file, and the Report and Recommendation of the

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United States Magistrate Judge.

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de novo review of those portions of the Report to which Petitioner has

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objected.

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conclusions, and recommendations of the Magistrate Judge.

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Further, the Court has engaged in a

The Court accepts the Report and adopts the findings,

Further, for the reasons stated in the Report and

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Recommendation, the Court finds that Petitioner has not made a

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substantial showing of the denial of a constitutional right and,

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therefore, a certificate of appealability is denied.

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See 28 U.S.C.

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§ 2253(c)(2); Fed. R. App. P. 22(b); Miller-El v. Cockrell, 537 U.S.

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322, 336 (2003).

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DATED: June 26, 2017

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OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE

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C:\Users\imartine\AppData\Local\Temp\notesC7A056\02-4493 McKinney ORder.wpd

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