Emma Liza Melchor v. Deborah K. Johnson

Filing 7

ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Judge James V. Selna re Amended Report and Recommendation (Issued), 6 . IT IS ORDERED THAT: 1)The Report and Recommendation is approved and accepted; 2) Judgment b e entered denying the Petition and dismissing this action with prejudice; and 3) The Clerk serve copies of this Order on the parties.Additionally, for the reasons stated in the Report and Recommendation, the Court finds that Petitioner has not made a substantial showing of the denial of a constitutional right. Thus, the Court declines to issue a certificate of appealability. (kh)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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EMMA LIZA MELCHOR,
Petitioner,

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v.
DEBORAH K. JOHNSON, Warden,

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Respondent.

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Case No. LA CV 16-8899 JVS (JCG)
ORDER ACCEPTING REPORT AND
RECOMMENDATION OF UNITED
STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the Magistrate
Judge’s Report and Recommendation (“R&R”), and the remaining record, and has
made a de novo determination. No objections to the Report and Recommendation
have been filed.
Accordingly, IT IS ORDERED THAT:
1.

The Report and Recommendation is approved and accepted;

2.

Judgment be entered denying the Petition and dismissing this action with

prejudice; and
3.

The Clerk serve copies of this Order on the parties.

Additionally, for the reasons stated in the Report and Recommendation, the
Court finds that Petitioner has not made a substantial showing of the denial of a
constitutional right. See 28 U.S.C. § 2253; Fed. R. App. P. 22(b); 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: January 30, 2017
HON. JAMES V. SELNA
UNITED STATES DISTRICT JUDGE

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