Santiago Trevizo v. Raul Lopez

Filing 34

ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE AND DENYING CERTIFICATE OF APPEALABILITY by Judge J. Spencer Letts for Report and Recommendation (Issued), 33 . IT IS ORDERED THAT: 1. Judgment shall be entered dismissing the action with prejudice. 2. The Clerk shall serve copies of this Order and the Judgment herein on the parties. 3. A Certificate of Appealability is denied. (bem)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 SANTIAGO TREVIZO, 12 13 14 15 16 Petitioner, v. CONNIE GIPSON, Warden, Respondent. ) ) ) ) ) ) ) ) ) ) ) Case No. CV 11-0040 JSL (JCG) ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE AND DENYING CERTIFICATE OF APPEALABILITY 17 18 19 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, all of the 20 records herein, and the Report and Recommendation of the United States Magistrate 21 Judge. No objections to the Report and Recommendation have been filed. The 22 Court approves and accepts the Magistrate Judge’s Report and Recommendation. Additionally, for the reasons stated in the Report and Recommendation, the 23 24 Court finds that Petitioner has not made a substantial showing of the denial of a 25 constitutional right. See 28 U.S.C. § 2253; Fed. R. App. P. 22(b); Miller-El v. 26 Cockrell, 537 U.S. 322, 336 (2003). Thus, the Court declines to issue a certificate of 27 appealability. 28 Accordingly, IT IS ORDERED THAT: 1 1. Judgment shall be entered dismissing the action with prejudice. 2 2. The Clerk shall serve copies of this Order and the Judgment herein on 3 the parties. 4 3. A Certificate of Appealability is denied. 5 6 7 DATED: Dec. 16 ,2011 8 9 10 _________________________________ HON. J. SPENCER LETTS UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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