Duane James Bowen et al v. The People State of California et al

Filing 10

ORDER ACCEPTING REPORT AND ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE, AND DENYING CERTIFICATE OF APPEALABILITY by Judge Dale S. Fischer for Report and Recommendation (Issued), 6 . The Court accepts the M agistrate Judge's Report and adopts it as its own findings and conclusions. Further, 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 and, therefore, a certificate of appealability is denied. (dml)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10

DUANE JAMES BOWEN,

11
12
13

)

Petitioner,
v.

CASE NO. ED CV 17-691-DSF (DTB)

)

ORDER ACCEPTING REPORT AND
ADOPTING FINDINGS, CONCLUSIONS,
AND RECOMMENDATIONS OF UNITED
STATES MAGISTRATE JUDGE, AND
DENYING CERTIFICATE OF
APPEALABILITY

)

THE PEOPLE OF THE STATE OF
CALIFORNIA, et al.,

)
)

14
Respondents.

)

15
16
17

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

18

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

19

States Magistrate Judge.

20

Recommendation have been filed.

21

Judge's Report and adopts it as its own findings and conclusions.

22

No objections to the Report and
The Court accepts the Magistrate

Further, for the reasons stated in the Report and Recommendation,

23

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

24

the denial of a constitutional right and, therefore, a certificate of

25
26
27
28

1

appealability is denied.

2

22(b); Miller-E1 v. Cockrell, 537 U.S. 322, 336 (2003).

See 28 U.S.C. § 2253(c)(2); Fed. R. App. P.

3
4 ~

DATED:

~~~-``~~I 17

5
6
7

DALE S- FISCHER
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

S:\PJW\Cases-State Habeas\BOWEN, D 691\Order accep r&r.wpd

2