Shell v. Rackley
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)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
EDWARD V. SHELL,
CASE NO. 16cv2320-LAB (JLB)
ORDER ADOPTING REPORT AND
RONALD RACKLEY, Warden,
The Court finds Judge Burkhardt’s Report and Recommendation correct and adopts
it. Edward Shell failed to file timely objections, but the Court considered the issues he raised
in his extension motion [Dkt. 20] and finds them meritless. Fed. R. Civ. P. 72(b). Shell’s
motion to expand the record and his petition for habeas relief is denied. [Dkt. 15 & 16]. Since
Shell hasn’t “made a substantial showing of the denial of a constitutional right,” the Court
denies him a certificate of appealability. 28 U.S.C. § 2253. The clerk shall enter judgment
and close the case.
IT IS SO ORDERED.
Dated: August 21, 2017
HONORABLE LARRY ALAN BURNS
United States District Judge
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