Jerome Eugene Kelly v. J. Lizarraga

Filing 23

ORDER ACCEPTING REPORT AND ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE, AND DENYING CERTIFICATE OF APPEALABILITY by Judge George H. Wu, for Report and Recommendation. (Issued) 20 (sbou)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 JEROME EUGENE KELLY, 11 12 13 14 ) ) ) ) ) ) ) ) ) ) Petitioner, v. J. LIZARRAGA, Respondent. CASE NO. SA CV 15-263-GW (PJW) ORDER ACCEPTING REPORT AND ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE, AND DENYING CERTIFICATE OF APPEALABILITY 15 16 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, 17 the records on file, and the Report and Recommendation of United 18 States Magistrate Judge. 19 Recommendation have been filed. 20 Judge’s Report and adopts it as its own findings and conclusions. 21 No objections to the Report and The Court accepts the Magistrate Further, for the reasons stated in the Report and Recommendation, 22 the Court finds that Petitioner has not made a substantial showing of 23 the denial of a constitutional right and, therefore, a certificate of 24 25 26 27 28 See 28 U.S.C. § 2253(c)(2); Fed. R. App. P. 1 appealability is denied. 2 22(b); Miller-El v. Cockrell, 537 U.S. 322, 336 (2003). 3 4 DATED: January 17, 2017. 5 6 7 GEORGE H. WU 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:\GW\194 cases\SA15CV00263GW-O.wpd 2

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