Juan Manuel Morales v. Larry Small

Filing 23

ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AND DENYING CERTIFICATE OF APPEALABILITY by Judge Dolly M. Gee for Report and Recommendation (Issued), 20 . (ca)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 JUAN MANUEL MORALES, Petitioner, 11 12 v. 13 LARRY SMALL, 14 Respondent. ) ) ) ) ) ) ) ) ) ) CASE NO. CV 09-2856-DMG (PJW) ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AND DENYING CERTIFICATE OF APPEALABILITY 15 16 Pursuant to 28 U.S.C. Section 636, the Court has reviewed the 17 Petition, records on file, and the Report and Recommendation of the 18 United States Magistrate Judge. 19 de novo review of those portions of the Report to which Petitioner has 20 objected. 21 Magistrate Judge. 22 Further, the Court has engaged in a The Court accepts the findings and recommendation of the Further, for the reasons stated in the Report and 23 Recommendation, the Court finds that Petitioner has not made a 24 substantial showing of the denial of a constitutional right and, 25 26 27 28 1 therefore, a certificate of appealability is denied. See Rules 2 Governing Section 2254 Cases in the United States District Courts, 3 Rule 11(a); 28 U.S.C. ยง 2253(c)(2); Fed. R. App. P. 22(b); Miller-El 4 v. Cockrell, 537 U.S. 322, 336 (2003). 5 6 DATED: September 13, 2011 7 8 9 DOLLY M. GEE UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 C:\Temp\notesE1EF34\LA09CV02856DMG(PJW)_Morales_ Order Accept.wpd 28 2

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