Terrence King v. Robert Burton

Filing 15

ORDER ACCEPTING REPORT AND ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATE MAGISTRATE JUDGE, AND DENYING CERTIFICATE OF APPEALABILITY by Judge John A. Kronstadt. The Court accepts the Report and the Supplemental Statement of De cision and adopts them as its own findings and conclusions. Accordingly, the Petition is dismissed with prejudice. Further, for the reasons stated in the Report and the Supplemental Statement of Decision, 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. re: Report and Recommendation (Issued), 12 . (es)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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TERRANCE KING,
Petitioner,

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v.

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ROBERT BURTON, Warden,
Respondent.

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Case No. 5:21-cv-00088-JAK-PD
ORDER ACCEPTING REPORT
AND ADOPTING FINDINGS,
CONCLUSIONS, AND
RECOMMENDATIONS OF
UNITED STATE
MAGISTRATE JUDGE, AND
DENYING CERTIFICATE OF
APPEALABILITY

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Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the
records on file, the Report and Recommendation of United States Magistrate

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Judge (“Report”), Petitioner’s Objections to the Report, and the Supplemental

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Statement of Decision. The Court has engaged in a de novo review of those

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portions of the Report to which Petitioner has objected. The Court accepts the

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Report and the Supplemental Statement of Decision and adopts them as its

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own findings and conclusions. Accordingly, the Petition is dismissed with

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prejudice.

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Further, for the reasons stated in the Report and the Supplemental
Statement of Decision, the Court finds that Petitioner has not made a

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substantial showing of the denial of a constitutional right, and therefore a

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certificate of appealability is denied. See 28 U.S.C. § 2253(c)(2); Fed. R. App.

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

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November 18, 2021
DATED: ________________

______________________________________
JOHN A. KRONSTADT
UNITED STATES DISTRICT JUDGE

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