Tommy Curtis Eckman v. North Kern State Prison
Filing
73
ORDER ADOPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE AND DENYING CERTIFICATE OF APPEALABILITY by Judge Dale S. Fischer for Report and Recommendation (Issued) 65 . IT IS ORDERED THAT: 1. Judgment shall be entered dismissing the action with prejudice. 2. The Clerk shall serve copies of this Order and the Judgment herein on the parties. 3. Petitioners Application for Certificate of Appealability, is denied. (bem)
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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TOMMY CURTIS ECKMAN,
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Petitioner,
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v.
WILLIAM KNIPP, Warden,
Respondent.
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Case No. CV 09-5999 DSF (JCG)
ORDER ADOPTING FINDINGS,
CONCLUSIONS AND
RECOMMENDATIONS OF UNITED
STATES MAGISTRATE JUDGE AND
DENYING CERTIFICATE OF
APPEALABILITY
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Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, all of the
20 records herein, the Report and Recommendation of the United States Magistrate
21 Judge, and the Objections to the Report and Recommendation. Having made a de
22 novo determination, the Court concurs with and adopts the findings and conclusions
23 of the Magistrate Judge’s Report and Recommendation.
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Additionally, for the reasons stated in the Report and Recommendation, the
25 Court finds that Petitioner has not made a substantial showing of the denial of a
26 constitutional right. See 28 U.S.C. § 2253; Fed. R. App. P. 22(b); Miller-El v.
27 Cockrell, 537 U.S. 322, 336 (2003). Thus, the Court declines to issue a certificate of
28 appealability.
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Accordingly, IT IS ORDERED THAT:
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Judgment shall be entered dismissing the action with prejudice.
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The Clerk shall serve copies of this Order and the Judgment herein on
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3.
Petitioner’s Application for Certificate of Appealability, is denied.
9/20/11
7 DATED: ________________
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HON. DALE S. FISCHER
UNITED STATES DISTRICT JUDGE
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