Francisco Ramirez Jr v. Glen D Lewis

Filing 43

ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge Manuel L. Real. IT IS ORDERED that: (1) the Court accepts the findings and recommendations of the Magistrate Judge, and (2) the Court declines to issue a Certificate of Appealability (COA) 34 *See attached Order.* (es)

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION

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FRANCISCO RAMIREZ, JR.,

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Petitioner,

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v.
GLEN D. LEWIS,

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Respondent.

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No. CV 13-04413-R (VBK)
ORDER ACCEPTING FINDINGS AND
RECOMMENDATIONS OF UNITED STATES
MAGISTRATE JUDGE

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Pursuant to 28 U.S.C. §636, the Court has reviewed the Petition

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for Writ of Habeas Corpus (“Petition”), the records and files herein,

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and the Report and Recommendation of the United States Magistrate

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Judge (“Report”). Further, the Court has engaged in de novo review of

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those portions of the Report to which Petitioner has objected.

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IT IS ORDERED that: (1) the Court accepts the findings and

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recommendations of the Magistrate Judge, and (2) the Court declines to

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issue a Certificate of Appealability (“COA”).1

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DATED:

July 21, 2014

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MANUEL L. REAL
UNITED STATES DISTRICT JUDGE

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Under 28 U.S.C. §2253(c)(2), a COA may issue “only if the
applicant has made a substantial showing of the denial of a
constitutional right.” The Supreme Court has held that, to obtain a
Certificate of Appealability under §2253(c), a habeas petitioner must
show that “reasonable jurists could debate whether (or, for that
matter, agree that) the petition should have been resolved in a
different manner or that the issues presented were ‘adequate to
deserve encouragement to proceed further’.” Slack v. McDaniel, 529
U.S. 473, 483-84, 120 S.Ct. 1595 (2000)(internal quotation marks
omitted); see also Miller-El v. Cockrell, 537 U.S. 322, 336, 123 S.Ct.
1029 (2003). After review of Petitioner’s contentions herein, this
Court concludes that Petitioner has not made a substantial showing of
the denial of a constitutional right, as is required to support the
issuance of a COA.
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