Ojito v. Clark

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATION. Court adopts 14 Report and Recommendation in its entirety, denies the petition for writ of habeas corpus and denies a certificate of appealability. Clerk instructed to close the file. Signed by Judge Jeffrey T. Miller on 10/25/2011. (All non-registered users served via U.S. Mail Service) (jah)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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GERALDO OJITO

CASE NO. 09cv2918 JM(POR)
Petitioner,

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ORDER ADOPTING REPORT AND
RECOMMENDATION; DENYING
CERTIFICATE OF
APPEALABILITY

vs.
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KEN CLARK, Warden ,
Respondent.

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Having carefully considered Magistrate Judge Porter’s thorough and thoughtful Report and
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Recommendation (“R & R”) regarding the denial of the petition for writ of habeas corpus, the record
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before the court, the absence of any objections to the R & R, and applicable authorities, the court
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adopts the R & R in its entirety and denies the petition for writ of habeas corpus.
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Upon review of the record, the court also concludes that Petitioner fails to make a substantial
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showing of the denial of a constitutional right. Accordingly, any request for a certificate of
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appealability is denied. See 28 U.S.C. §2253(c)(2).
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In sum, the court adopts the R & R in its entirety, denies the petition for writ of habeas corpus,
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denies a certificate of appealability and instructs the Clerk of Court to close the file.
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IT IS SO ORDERED.
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DATED: October 25, 2011
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Hon. Jeffrey T. Miller
United States District Judge

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cc:

All parties

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09cv2918