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