Shears v. Spearman

Filing 20

CLERK'S JUDGMENT. The Court finds that Judge Major has issued an accurate Report and well-reasoned recommendation that the petition be denied. The Court adopts the Report and Recommendation in its entirety. The Court denies the petition with pre judice and denies Petitioner's request for an evidentiary hearing. A certificate of appealability is not issued unless there is "a substantial showing of the denial of a constitutional right." For the reasons set forth in the Report an d Recommendation and incorporated by reference herein, the Court finds that this standard has not been met and therefore declines to issue a certificate of appealability in this case. The Clerk of Court is instructed to enter judgment accordingly and close the case.(All non-registered users served via U.S. Mail Service)(rmc)

United States District Court
SOUTHERN DISTRICT OF CALIFORNIA
Charzel P. Shears
Civil Action No. 17cv559-MMA(BLM)
Petitioner,
V.

JUDGMENT IN A CIVIL CASE

M.E. Spearman

Respondent.

Decision by Court. This action came to trial or hearing before the Court. The issues have been tried
or heard and a decision has been rendered.
IT IS HEREBY ORDERED AND ADJUDGED:
The Court finds that Judge Major has issued an accurate Report and well-reasoned recommendation
that the petition be denied. The Court adopts the Report and Recommendation in its entirety. The Court
denies the petition with prejudice and denies Petitioner's request for an evidentiary hearing. A
certificate of appealability is not issued unless there is "a substantial showing of the denial of a
constitutional right." For the reasons set forth in the Report and Recommendation and incorporated by
reference herein, the Court finds that this standard has not been met and therefore declines to issue a
certificate of appealability in this case. The Clerk of Court is instructed to enter judgment accordingly
and close the case.

Date:

3/6/18

CLERK OF COURT
JOHN MORRILL, Clerk of Court
By: s/ R. Chapman
R. Chapman, Deputy