Troy Alexander Sanders v. G. Marshall

Filing 24

ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AND DENYING A CERTIFICATE OF APPEALABLITY 22 by Judge James V. Selna. (es)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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TROY ALEXANDER SANDERS,
Petitioner,

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v.
G. MARSHALL,

Case No. EDCV 20-00885-JVS (PD)
ORDER ACCEPTING REPORT
AND RECOMMENDATION OF
UNITED STATES MAGISTRATE
JUDGE AND DENYING A
CERTIFICATE OF
APPEALABLITY

Respondent.

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

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

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Judge (“Report”), and Petitioner’s Objections to that Report. The Court has

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

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has objected. The Court accepts the Report and adopts it as its own findings

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and conclusions.

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Further, 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

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of a constitutional right or that it erred in its procedural ruling and, therefore,

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a certificate of appealability is denied. See 28 U.S.C. § 2253(c)(2); Fed. R. App.
P. 22(b); Miller-El v. Cockrell, 537 U.S. 322, 336 (2003); Slack v. McDaniel,
529 U.S. 473, 484 (2000). Accordingly, the Petition is dismissed without
prejudice.

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DATED: January 07, 2021
JAMES V. SELNA
UNITED STATES DISTRICT JUDGE

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