Thanh Tan Phan v. Tim Virga

Filing 21

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge John A. Kronstadt for Report and Recommendation (Issued), 19 (dfi)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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THANH TAN PHAN,
Petitioner,

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v.
TIM VARGA, Warden,

Case No. SACV 12-2216-JAK (LAL)
ORDER ACCEPTING REPORT AND
RECOMMENDATION OF UNITED STATES
MAGISTRATE JUDGE AND DENYING
CERTIFICATE OF APPEALABILITY

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Respondent.

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

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Report and Recommendation, Petitioner’s Objections to the Report and Recommendation, and

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

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Petitioner’s Objections generally lack merit for the reasons set forth in the Report and
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 by entered denying the Petition and dismissing this action with

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prejudice; and

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3.

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Additionally, for the reasons stated in the Report and Recommendation, the Court finds

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that Petitioner has not made a substantial showing of the denial of a constitutional right. 1 Thus,

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the Court declines to issue a certificate of appealability.

The Clerk serve copies of this Order on the parties.

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DATED: 6/19/15

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____________________________________
HONORABLE JOHN A. KRONSTADT
UNITED STATES DISTRICT JUDGE

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See 28 U.S.C. § 2253; Fed. R. App. P. 22(b); Miller-El v. Cockrell, 537 U.S. 322, 336, 123 S. Ct. 1029, 154 L. Ed.
2d 931 (2003).

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