Paul Andy Turner v. Leland McEwen

Filing 23

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge Virginia A. Phillips, 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. Th e 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); Miller-El v. Cockrell, 537 U.S. 322, 336 (2003). The Court thus declines to issue a certificate of appealability. Report and Recommendation (Issued) 21 (lmh)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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11 PAUL ANDY TURNER,
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Petitioner,
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v.
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LELAND MCEWEN, Warden,
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Respondent.
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_____________________________ )

Case No. ED CV 11-2069 VAP (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

19 Magistrate Judge’s Report and Recommendation, Petitioner’s Objections to the
20 Report and Recommendation, and the remaining record, and has made a de novo
21 determination.
Petitioner’s Objections generally reiterate the arguments made in the Petition
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23 and Reply, and lack merit for the reasons set forth in the Report and
24 Recommendation.
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Furthermore, to the extent that Petitioner’s Objections include a request for an

26 evidentiary hearing, Petitioner’s request is denied. See Cullen v. Pinholster, 131
27 S.Ct. 1388, 1398 (2011); Schriro v. Landrigan, 550 U.S. 465, 474 (2007) (“[I]f the
28 record refutes the applicant’s factual allegations or otherwise precludes habeas relief,

1 a district court is not required to hold an evidentiary hearing.”).
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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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2.

Judgment be entered denying the Petition and dismissing this action

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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

8 Court finds that Petitioner has not made a substantial showing of the denial of a
9 constitutional right. See 28 U.S.C. § 2253; Fed. R. App. P. 22(b); Miller-El v.
10 Cockrell, 537 U.S. 322, 336 (2003). The Court thus declines to issue a certificate of
11 appealability.
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13 DATED: _July 17, 2013_
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HON. VIRGINIA A. PHILLIPS
UNITED STATES DISTRICT JUDGE

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