William Horace Eisenhower Jr v. Cynthia Tampkins

Filing 22

ORDER ACCEPTING REPORT AND RECOMMENDATION of United States Magistrate Judge and Denying Certificate of Appealability by Judge Fernando M. Olguin: Accordingly, IT IS ORDERED THAT: The Report and Recommendation is approved and accepted; Judgment be ent ered dismissing this action with prejudice; and 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); Miller-El v. Cockrell, 537 U.S. 322, 336 (2003). Thus, the Court declines to issue a certificate of appealability. (lwag)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WILLIAM H. EISENHOWER, JR.,
Petitioner,

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v.

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CYNTHIA TAMPKINS, Warden,
Respondent.

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Case No. ED CV 15-2446 FMO (JCG)
ORDER ACCEPTING REPORT AND
RECOMMENDATION OF UNITED
STATES MAGISTRATE JUDGE AND
DENYING CERTIFICATE OF
APPEALABILITY

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

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Judge’s Report and Recommendation, and the remaining record, and has made a de

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novo determination. No objections to the Report and Recommendation have been

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filed.

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//

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//

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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 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 stated 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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DATED: August 31, 2017

/s/
HON. FERNANDO M. OLGUIN
UNITED STATES DISTRICT JUDGE

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