Jason Richard Preston v. William Muniz

Filing 14

ORDER ACCEPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE, by Judge Otis D. Wright, II 11 . (twdb)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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JASON RICHARD PRESTON,
Petitioner,

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v.

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WILLIAM MUNIZ,
Respondent.

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Case No. LA CV 16-1839- ODW (JCG)
ORDER ACCEPTING REPORT AND
RECOMMENDATION OF UNITED
STATES MAGISTRATE JUDGE

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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, and the remaining record. No objections to the

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Report and Recommendation have been filed.

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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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Judgment be entered dismissing this action with prejudice; and

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3.

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

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Court finds that Petitioner has not shown that “jurists of reason would find it debatable

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whether”: (1) “the petition states a valid claim of the denial of a constitutional right”;

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and (2) “the district court was correct in its procedural ruling.” See Slack v. McDaniel,

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529 U.S. 473, 484 (2000). Thus, the Court declines to issue a certificate of

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appealability.

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DATED: April 26, 2017
HON. OTIS D. WRIGHT II
UNITED STATES DISTRICT JUDGE

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