Jovian William Davis v. R. E. Barnes

Filing 57

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Magistrate Judge Louise A. LaMothe for Report and Recommendation (Issued) 47 and denying certificate of appealability. (dfi)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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JOVIAN WILLIAM DAVIS,

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Petitioner,

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Case No. CV 13-8179-GW(LAL)

v.
RAYMOND MADDEN, Warden,

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Respondent.

ORDER ACCEPTING REPORT AND
RECOMMENDATION 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, the Magistrate Judge’s

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Report and Recommendation, Petitioner’s Objections to the Report and Recommendation, and

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the remaining record, and has made a de novo determination.

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Petitioner’s Objections generally lack merit for the reasons set forth in the Report and
Recommendation.

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Accordingly, IT IS ORDERED THAT:

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1.

The Report and Recommendation is approved and accepted;

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2.

Judgment be entered denying the Petition and dismissing this action with

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prejudice; and
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The Clerk serve copies of this Order on the parties.

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Additionally, for the reasons stated in the Report and Recommendation, the Court finds

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that Petitioner has not made a substantial showing of the denial of a constitutional right.1 Thus,

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the Court declines to issue a certificate of appealability.

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DATED: October 17, 2016

_____________________________________
HONORABLE GEORGE H. WU
UNITED STATES DISTRICT JUDGE

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1 See 28 U.S.C. § 2253; Fed. R. App. P. 22(b); Miller-El v. Cockrell, 537 U.S. 322, 336, 123 S. Ct. 1029, 154 L. Ed.
2d 931 (2003).

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