Jimmy McCallum v. Warden

Filing 49

ORDER ACCEPTING REPORT AND ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE, AND DENYING CERTIFICATE OF APPEALABILITY by Judge Andre Birotte Jr. (See document for further details.) for Report and Recommendation (Issued) 42 . (sbou)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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JIMMY McCALLUM,
Petitioner,

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v.

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M. ELIOT SPEARMAN, WARDEN,

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Respondent.

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CASE NO. CV 14-3931-AB (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. Section 636, the Court has reviewed the

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

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United States Magistrate Judge.

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de novo review of those portions of the Report to which Petitioner has

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objected.

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conclusions, and recommendations of the Magistrate Judge.

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Further, the Court has engaged in a

The Court accepts the Report and adopts the findings,

Further, for the reasons stated in the Report and

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Recommendation, the Court finds that Petitioner has not made a

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substantial showing of the denial of a constitutional right and

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therefore, a certificate of appealability is denied.

See 28 U.S.C.

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§ 2253(c)(2); Fed. R. App. P. 22(b); Miller-El v. Cockrell, 537 U.S.

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322, 336 (2003).

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DATED:

May 4, 2017 .

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ANDRÉ BIROTTE, JR.
UNITED STATES DISTRICT JUDGE

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

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