Lawrence White v. Stu Sherman

Filing 15

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge Cormac J. Carney for Petition for Writ of Habeas Corpus (2254) 1 , MOTION to Dismiss PETITION FOR WRIT OF HABEAS CORPUS 8 , Report and Recommendation (Issued) 14 . A certificate of appealability is denied. The Petition is dismissed without prejudice. (see document for further details) (hr)

1

2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10
11

LAWRENCE WHITE,
Petitioner,

12
13
14
15

v.
STU SHERMAN,
Respondent.

Case No. CV 20-2518-CJC (PD)
ORDER ACCEPTING REPORT
AND RECOMMENDATION OF
UNITED STATES MAGISTRATE
JUDGE AND DENYING
CERTIFICATE OF
APPEALABILITY

16
17
18

Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the

19

records on file, and the Report and Recommendation of United States

20

Magistrate Judge. No objections to the Report and Recommendation have

21

been filed. The Court accepts the Magistrate Judge’s Report and adopts it as

22

its own findings and conclusions.

23

Further, the Court finds that Petitioner has not made a substantial

24

showing of the denial of a constitutional right or that it erred in its procedural

25

ruling and, therefore, a certificate of appealability is denied. See 28 U.S.C.

26

§ 2253(c)(2); Fed. R. App. P. 22(b); Miller-El v. Cockrell, 537 U.S. 322, 336

27
28

1

(2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000). Accordingly, the Petition

2

is dismissed without prejudice.

3
4

DATED: October 15, 2020.

5
6

CORMAC J. CARNEY

7
8

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