Daniel William Heath v. Warden NKSP

Filing 51

ORDER ACCEPTING REPORT AND ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE, AND DENYING CERTIFICATE OF APPEALABILITY by Judge Josephine L. Staton. (See document for further details.) re Report and Recommendation (Final) 50 . (sbou)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10

DANIEL WILLIAM HEATH,
Petitioner,

11
12
13

v.
MARION E. SPEARMAN, WARDEN,

14

Respondent.

)
)
)
)
)
)
)
)
)
)

CASE NO. ED CV 13-99-JLS (PJW)
ORDER ACCEPTING REPORT AND
ADOPTING FINDINGS, CONCLUSIONS,
AND RECOMMENDATIONS OF UNITED
STATES MAGISTRATE JUDGE, AND
DENYING CERTIFICATE OF
APPEALABILITY

15
16

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

17

Petition, records on file, and the Final Report and Recommendation of

18

the United States Magistrate Judge.

19

a de novo review of those portions of the Report to which Petitioner

20

has objected.

21

conclusions, and recommendations of the Magistrate Judge.

22

Further, the Court has engaged in

The Court accepts the Report and adopts the findings,

Further, for the reasons stated in the Final Report and

23

Recommendation, the Court finds that Petitioner has not made a

24

substantial showing of the denial of a constitutional right and

25

therefore, a certificate of appealability is denied.

26
27
28

See 28 U.S.C.

1

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

2

322, 336 (2003).

3
4

DATED:

May 2, 2017

.

5
6
7

JOSEPHINE L. STATON
UNITED STATES DISTRICT JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

C:\Users\sbourgeoi\AppData\Local\Temp\notesC7A056\~4422430.wpd

2