Gerald A Taja Jr v. C E Ducart

Filing 14

ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AND DENYING CERTIFICATE OF APPEALABILITY AND EVIDENTIARY HEARING by Judge Fernando M. Olguin 10 . (twdb)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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GERALD A. TAJA JR.,

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Petitioner,

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v.
C. E. DUCART, Warden,

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Respondent.

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Case No. ED CV 14-1069 FMO (JCG)
ORDER ACCEPTING REPORT AND
RECOMMENDATION OF UNITED
STATES MAGISTRATE JUDGE AND
DENYING CERTIFICATE OF
APPEALABILITY AND
EVIDENTIARY HEARING

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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, Petitioner’s Objections to the Report and

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Recommendation, and the remaining record, and has made a de novo determination.

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Petitioner’s Objections generally reiterate the arguments made in the Petition

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and Traverse, and lack merit for the reasons set forth in the Report and

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Recommendation.

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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 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 set forth in the Report and Recommendation, the

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Court finds that Petitioner has not made a substantial showing of the denial of a

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constitutional right. See 28 U.S.C. § 2253; Fed. R. App. P. 22(b); Miller-El v.

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Cockrell, 537 U.S. 322, 336 (2003). Thus, the Court declines to issue a certificate of

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appealability.

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Nor is Petitioner entitled to an evidentiary hearing. See Cullen v. Pinholster,

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131 S. Ct. 1388, 1398 (2011) (AEDPA “requires an examination of the state court-

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decision at the time it was made. It follows that the record under review is limited to

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the record in existence at that same time i.e., the record before the state court.”).

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DATED: January 12, 2015
________________/s/____________________
HON. FERNANDO M. OLGUIN
UNITED STATES DISTRICT JUDGE

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