Merlin Gilliam Beall v. James A. Yates
Filing
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ORDER ACCEPTING FINAL REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AND DENYING CERTIFICATE OF APPEALABILITY by Judge Percy Anderson for Report and Recommendation (Final). (ca)
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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MERLIN GILLIAM BEALL,
Petitioner,
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v.
JAMES A. YATES,
Respondent.
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CASE NO. CV 09-3880-VBF (PJW)
ORDER ACCEPTING FINAL REPORT AND
RECOMMENDATION OF UNITED STATES
MAGISTRATE JUDGE AND DENYING
CERTIFICATE OF APPEALABILITY
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Pursuant to 28 U.S.C. Section 636, the Court has reviewed the
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Petition, records on file, and the Final Report and Recommendation of
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the United States Magistrate Judge.
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a de novo review of those portions of the initial Report to which
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Petitioner had objected.
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recommendation of the Magistrate Judge.
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Further, the Court has engaged in
The Court accepts the findings and
Further, for the reasons stated in the Final Report and
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Recommendation, the Court finds that Petitioner has not made a
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substantial showing of the denial of a constitutional right and,
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therefore, a certificate of appealability is denied.
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Governing Section 2254 Cases in the United States District Courts,
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See Rules
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Rule 11(a); 28 U.S.C. ยง 2253(c)(2); Fed. R. App. P. 22(b); Miller-El
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v. Cockrell, 537 U.S. 322, 336 (2003).
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DATED:
September 21, 2011.
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PERCY ANDERSON
for VALERIE BAKER FAIRBANK
UNITED STATES DISTRICT JUDGE
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C:\Temp\notesE1EF34\Order accep r&r.wpd
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