Gonzalo Alonzo v. Dave Davey

Filing 20

ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AND DENYING CERTIFICATE OF APPEALABILITY by Judge Manuel L. Real for Report and Recommendation (Issued), 19 . (kh)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 CENTRAL DISTRICT OF CALIFORNIA 8 9 GONZALO ALONZO, 10 Petitioner, 11 12 v. DAVE DAVEY, Warden, 13 Respondent. 14 ) ) ) ) ) ) ) ) ) ) ) Case No. CV 14-2903 R (JCG) ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AND DENYING CERTIFICATE OF APPEALABILITY 15 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the Magistrate 16 17 Judge’s Report and Recommendation, and the remaining record, and has made a de 18 novo determination. No objections to the Report and Recommendation have been 19 filed. 20 Accordingly, IT IS ORDERED THAT: 21 1. The Report and Recommendation is approved and accepted; 22 2. Judgment be entered denying the Petition and dismissing this action without prejudice; and 23 24 3. The Clerk serve copies of this Order on the parties. 25 Additionally, for the reasons set forth in the Report and Recommendation, the 26 Court finds that Petitioner has not made a substantial showing of the denial of a 27 /// 28 /// 1 constitutional right. See 28 U.S.C. § 2253; Fed. R. App. P. 22(b); Miller-El v. 2 Cockrell, 537 U.S. 322, 336 (2003). Thus, the Court declines to issue a certificate of 3 appealability. 4 5 6 7 8 DATED: December 2, 2014 ____________________________________ HON. MANUEL L. REAL UNITED STATES DISTRICT JUDGE 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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