Juan Carlos Gonzalez Sabino v. Department of Homeland Security et al
Filing
17
ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE 16 AND DENYING CERTIFICATE OF APPEALABILITY by Judge Jesus G. Bernal: No objections to the Report and Recommendation have been filed. Accordingly, IT IS ORDERED THAT: 1. The Report and Recommendation is approved and accepted; 2. Judgment be entered denying the Petition and dismissing this action without prejudice; and 3. The Clerk serve copies of this Order on the parties. Additionally, for the reasons stated in the Report and Recommendation, 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. (ad)
1
2
3
4
5
6
UNITED STATES DISTRICT COURT
7
CENTRAL DISTRICT OF CALIFORNIA
8
9
JUAN CARLOS GONZALEZ
SABINO,
10
Petitioner,
11
12
13
v.
DEPARTMENT OF HOMELAND
SECURITY, et al.,
Respondents.
14
)
)
)
)
)
)
)
)
)
)
)
)
Case No. CV 13-3529 JGB (JCG)
ORDER ACCEPTING REPORT AND
RECOMMENDATION OF UNITED
STATES MAGISTRATE JUDGE AND
DENYING CERTIFICATE OF
APPEALABILITY
15
16
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the Magistrate
17
18
Judge’s Report and Recommendation, and the remaining record, and has made a de
19
novo determination. No objections to the Report and Recommendation have been
20
filed.
21
Accordingly, IT IS ORDERED THAT:
22
1.
The Report and Recommendation is approved and accepted;
23
2.
Judgment be entered denying the Petition and dismissing this action
without prejudice; and
24
25
3.
The Clerk serve copies of this Order on the parties.
26
Additionally, for the reasons stated in the Report and Recommendation, the
27
Court finds that Petitioner has not made a substantial showing of the denial of a
28
constitutional right. See 28 U.S.C. § 2253; Fed. R. App. P. 22(b); Miller-El v.
1
Cockrell, 537 U.S. 322, 336 (2003). Thus, the Court declines to issue a certificate of
2
appealability.
3
4
5
6
7
DATED: August 22, 2014
____________________________________
HON. JESUS G. BERNAL
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
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?