Henry Neve Gomez v. K. Harrington

Filing 25

ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AND DENYING CERTIFICATE OF APPEALABILITY by Judge Gary A. Feess for Report and Recommendation (Issued), 23 . (ca)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 HENRY NEVE GOMEZ, Petitioner, 11 12 13 14 ) ) ) ) ) ) ) ) ) ) v. K. HARRINGTON, Respondent. CASE NO. CV 09-6819-GAF (PJW) ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AND DENYING CERTIFICATE OF APPEALABILITY 15 16 Pursuant to 28 U.S.C. § 636, the Court has reviewed the 17 Petition, the records on file, and the Report and Recommendation of 18 United States Magistrate Judge. 19 objections to the Report. 20 recommendation of the Magistrate Judge. 21 Petitioner has not filed any The Court accepts the findings and Further, for the reasons stated in the Report and 22 Recommendation, the Court finds that Petitioner has not made a 23 substantial showing of the denial of a constitutional right and, 24 therefore, a certificate of appealability will not issue in this 25 26 27 28 1 action. See 28 U.S.C. § 2253(c)(2); Fed. R. App. P. 22(b); Miller-El 2 v. Cockrell, 537 U.S. 322, 336 (2003). 3 4 DATED: September 8, 2011 . 5 6 GARY A. FEESS UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C:\Temp\notesE1EF34\Order accep r&r.wpd 2

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