Shell v. Rackley

Filing 22

ORDER ADOPTING REPORT AND RECOMMENDATION. The Court finds Judge Burkhardt's Report and Recommendation correct and adopts it. Shell's motion to expand the record and his petition for habeas relief is denied. [Dkt. 15 & 16 ]. The Court denies him a certificate of appealability. Signed by Judge Larry Alan Burns on 8/21/2017.(All non-registered users served via U.S. Mail Service)(lrf)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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EDWARD V. SHELL,

CASE NO. 16cv2320-LAB (JLB)

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Petitioner,

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vs.

ORDER ADOPTING REPORT AND
RECOMMENDATION

RONALD RACKLEY, Warden,
Respondent.

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The Court finds Judge Burkhardt’s Report and Recommendation correct and adopts

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it. Edward Shell failed to file timely objections, but the Court considered the issues he raised

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in his extension motion [Dkt. 20] and finds them meritless. Fed. R. Civ. P. 72(b). Shell’s

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motion to expand the record and his petition for habeas relief is denied. [Dkt. 15 & 16]. Since

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Shell hasn’t “made a substantial showing of the denial of a constitutional right,” the Court

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denies him a certificate of appealability. 28 U.S.C. § 2253. The clerk shall enter judgment

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and close the case.

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IT IS SO ORDERED.
Dated: August 21, 2017
HONORABLE LARRY ALAN BURNS
United States District Judge