Brown v. Smalls

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATION in its entirety and the petition for writ of habeas corpus is denied. The Clerk of Court is instructed to close the file. Certificate of Appealability denied. Signed by Judge Jeffrey T. Miller on 3/14/2011.(All non-registered users served via U.S. Mail Service)(tkl)

-POR Brown v. Smalls

Doc. 12

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cc: All parties

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

THEODIS NATHANIEL BROWN Petitioner, LARRY SMALL, Warden , Respondent.

CASE NO. 10cv0552 JM(AJB) ORDER ADOPTING REPORT AND RECOMMENDATION; DENYING CERTIFICATE OF APPEALABILITY

Having carefully considered Magistrate Judge Battaglia's thorough and thoughtful Report and Recommendation ("R & R") regarding the denial of the petition for writ of habeas corpus, the record before the court, the absence of any objections to the R & R, and applicable authorities, the court adopts the R & R in its entirety. Upon review of the record, the court also concludes that Petitioner fails to make a substantial showing of the denial of a constitutional right. Accordingly, any request for a certificate of appealability is denied. See 28 U.S.C. §2253(c)(2) In sum, the R & R is adopted in its entirety and the petition for writ of habeas corpus is denied. The Clerk of Court is instructed to close the file. IT IS SO ORDERED. DATED: March 14, 2011 Hon. Jeffrey T. Miller United States District Judge

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10cv0552

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