Dion Durrell Hayes v. WW. L. Montgomery

Filing 19

ORDER ACCEPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE AND DENYING CERTIFICATE OF APPEALABILITY by Judge David O. Carter 17 . (twdb)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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DION DURRELL HAYES,
Petitioner,

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v.

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W. L. MONTGOMERY,
Respondent.

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Case No. CV 14-4930-DOC (JCG)
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

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

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

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Petitioner’s Objections generally reiterate the arguments made in the Petition

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and Reply, and 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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The Report and Recommendation is approved and accepted;

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2.

Judgment be entered denying the Petition and dismissing this action with
prejudice; and

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3.

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

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The Clerk serve copies of this Order on the parties.

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

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constitutional right. See 28 U.S.C. § 2253; Fed. R. App. P. 22(b); Miller-El v.

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Cockrell, 537 U.S. 322, 336 (2003). Thus, the Court declines to issue a certificate of

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appealability.

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March 2, 2015
DATED: ___________________

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HON. DAVID O. CARTER
UNITED STATES DISTRICT JUDGE

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