Mario Monte Jano v. Rafael Diaz

Filing 26

ORDER ACCEPTING REPORT AND ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE, AND DENYING CERTIFICATE OF APPEALABILITY by Judge Dean D. Pregerson. The Court accepts the Magistrate Judges Report and adopts it as its own findings and conclusions. re: Report and Recommendation (Issued) 25 (sbou)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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MARIO MONTE JANO,
Petitioner,

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v.
RAFAEL DIAZ, WARDEN,
Respondent.

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CASE NO. CV 13-5178-DDP (PJW)
ORDER ACCEPTING REPORT AND
ADOPTING FINDINGS, CONCLUSIONS,
AND RECOMMENDATIONS OF UNITED
STATES MAGISTRATE JUDGE, AND
DENYING CERTIFICATE OF
APPEALABILITY

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

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the records on file, and the Report and Recommendation of United

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States Magistrate Judge.

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Recommendation have been filed.

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Judge’s Report and adopts it as its own findings and conclusions.

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No objections to the Report and
The Court accepts the Magistrate

Further, for the reasons stated in the Report and Recommendation,

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the Court finds that Petitioner has not made a substantial showing of

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the denial of a constitutional right and, therefore, a certificate of

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appealability is denied.

See 28 U.S.C. § 2253(c)(2); Fed. R. App. P.

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22(b); Miller-El v. Cockrell, 537 U.S. 322, 336 (2003).

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DATED:

May 6, 2015.

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DEAN D. PREGERSON
UNITED STATES DISTRICT JUDGE

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C:\Users\imartine\AppData\Local\Temp\notesC7A056\Order accep r&r.wpd

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