Robert James Ossawa Wood v. A. Hedgpeth et al

Filing 98

ORDER ADOPTING REPORT AND RECOMMENDATIONS AND DENYING CERTIFICATE OF APPEALABILITY by Judge Ronald S.W. Lew; See order for details. (jy)

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Robert James Ossawa Wood v. A. Hedgpeth et al Doc. 98 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS ORDERED that (1) the Report and Recommendation is approved and adopted; (2) the Report and Recommendation is adopted as the findings of fact and conclusions of law herein; and (3) Judgment shall be entered denying the petition for writ of habeas corpus and dismissing the action with prejudice. vs. JAMES A. YATES, WARDEN, Respondent. ROBERT JAMES OSSAWA WOOD, Petitioner, ) ) ) ) ) ) ) ) ) ) Case No. CV 08-3630-RSWL(RC) UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA (1) ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AND (2) ORDER DENYING CERTIFICATE OF APPEALABILITY Pursuant to 28 U.S.C. Section 636, the Court has reviewed the Petition and other papers along with the attached Report and Recommendation of United States Magistrate Judge Rosalyn M. Chapman, as well as petitioner's tardy reply or traverse and declaration and objections to the Report and Recommendation, and has made a de novo determination. Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This Court finds an appeal would not be taken in good faith, and that petitioner has not made a substantial showing that he has been denied a constitutional right, for the reasons set forth in the Report and Recommendation of the United States Magistrate Judge; accordingly, a certificate of appealability should not issue under 28 U.S.C. 2253(c)(2) and Fed. R. App. P. 22(b). Slack v. McDaniel, 529 U.S. 473, 483, 120 S. Ct. 1595, 1604, 146 L. Ed. 2d 542 (2000); Mayfield v. Calderon, 229 F.3d 895, 900 (9th Cir. 2000). IT IS FURTHER ORDERED that the Clerk shall serve copies of this Order, the Magistrate Judge's Report and Recommendation and Judgment by the United States mail on petitioner. DATED: November 16, 2010 ___________________________________ RONALD S.W. LEW SENIOR UNITED STATES DISTRICT JUDGE R&Rs\08-3630.ado2 11/15/10 2

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