Efrain Caballero v. Larry Small

Filing 55

ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AND DENYING CERTIFICATE OF APPEALABILITY by Magistrate Judge Jay C. Gandhi for Report and Recommendation (Issued), 47 . IT IS ORDERED THAT: 1. The Report and Recommen dation 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 Recommenda tion, the Court finds that Petitioner has not made a substantial showing of the denial of a constitutional right. See 28 U.S.C. § 2253; Fed. R. App. P. 22(b); Miller-El v. Cockrell, 537 U.S. 322, 336 (2003). Thus, the Court declines to issue a certificate of appealability. (bem)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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EFRAIN CABALLERO,
Petitioner,

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v.

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LELAND MCEWEN, Warden,

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Respondent.

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Case No. CV 10-3316 FMO (JCG)
ORDER ACCEPTING REPORT AND
RECOMMENDATION OF UNITED
STATES MAGISTRATE JUDGE AND
DENYING CERTIFICATE OF
APPEALABILITY

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Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the Magistrate

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Judge’s Report and Recommendation, Petitioner’s Objections to the Report and

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Recommendation, and the remaining record, and has made a de novo determination.

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Petitioner’s Objections reiterate the arguments made in the Petition and Answer,
and lack merit for the reasons set forth in the Report and Recommendation.

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Accordingly, IT IS ORDERED THAT:

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1.

The Report and Recommendation is approved and accepted;

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2.

Judgment be entered denying the Petition and dismissing this action with
prejudice; and

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3.

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Additionally, for the reasons stated in the Report and Recommendation, the

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The Clerk serve copies of this Order on the parties.

Court finds that Petitioner has not made a substantial showing of the denial of a

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constitutional right. See 28 U.S.C. § 2253; Fed. R. App. P. 22(b); Miller-El v.

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Cockrell, 537 U.S. 322, 336 (2003). Thus, the Court declines to issue a certificate of

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appealability.

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DATED: April 15, 2013
__________________/s/__________________
HON. FERNANDO M. OLGUIN
UNITED STATES DISTRICT JUDGE

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