Christopher Gene Summers v. Quintana

Filing 14

ORDER ACCEPTING REPORT AND ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge Valerie Baker Fairbank for Report and Recommendation (Issued) 10 . (ca)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 CHRISTOPHER GENE SUMMERS, Petitioner, 11 12 13 14 v. WARDEN QUINTANA, Respondent. ) ) ) ) ) ) ) ) ) ) CASE NO. CV 12-1648-VBF (PJW) ORDER ACCEPTING REPORT AND ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE 15 16 Pursuant to 28 U.S.C. § 636, the Court has reviewed the 17 Petition, the records on file, and the Report and Recommendation of 18 United States Magistrate Judge and has considered de novo the 19 portions of the Report as to which objections have been filed. 20 Court accepts the Magistrate Judge’s Report and adopts it as its own 21 findings and conclusions. The 22 Further, to the extent that Petitioner is challenging his 23 sentence, the Court finds that Petitioner has not made a substantial 24 showing of the denial of a constitutional right and, therefore, a 25 certificate of appealability is denied. 26 F.3d 1006, 1007 (9th Cir. 2001) (holding petitioner who raises claims 27 challenging the legality of his conviction or sentence, as opposed to 28 the execution of his sentence, may not seek habeas relief under See Porter v. Adams, 244 1 section 2241 on appeal without a certificate of appealability); 28 2 U.S.C. § 2253(c)(2); Fed. R. App. P. 22(b). 3 August 8, 2012 4 DATED: . 5 6 7 VALERIE BAKER FAIRBANK UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C:\Temp\notesE1EF34\Quintana Order accep r&r.wpd 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?