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)

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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

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