Michael John Lugo v. People
Filing
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ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AND DENYING CERTIFICATE OF APPEALABILITY by Judge Dean D. Pregerson for Report and Recommendation (Issued) 15 . IT IS ORDERED THAT: 1.The Report and Recommendation is approve d and adopted.2.Judgment be entered dismissing this action with prejudice. 3.The Clerk serve copies of this Order and the Judgment on the parties. Additionally, for the reasons stated in the Report and Recommendation, the Court finds that Petitione r has not made a substantial showing of the denial of a constitutional right. See 28 U.S.C. § 2253; Fed. R. App. P. 22(b); Miller-El v. Cockrell, 537 U.S. 322, 336 (2003). Thus, the Court declines to issue a certificate of appealability. (bem)
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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MICHAEL JOHN LUGO,
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Petitioner,
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v.
RON BARNES, Warden,
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Respondent.
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Case No. CV 10-6010 DDP (JCG)
ORDER ADOPTING REPORT AND
RECOMMENDATION 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, the
19 Magistrate Judge’s Report and Recommendation, and the remaining record. No
20 Objections to the Report and Recommendation have been filed.
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Accordingly, IT IS ORDERED THAT:
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1.
The Report and Recommendation is approved and adopted.
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2.
Judgment be entered dismissing this action with prejudice.
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3.
The Clerk serve copies of this Order and the Judgment on the parties.
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Additionally, for the reasons stated in the Report and Recommendation, the
26 Court finds that Petitioner has not made a substantial showing of the denial of a
27 constitutional right. See 28 U.S.C. § 2253; Fed. R. App. P. 22(b); Miller-El v.
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1 Cockrell, 537 U.S. 322, 336 (2003). Thus, the Court declines to issue a certificate
2 of appealability.
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5 DATED: _May 29, 2012_
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____________________________________
HON. DEAN D. PREGERSON
UNITED STATES DISTRICT JUDGE
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