Guadalupe Ramon Rivera v. Kelly Harrington et al

Filing 13

ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AND DENYING CERTIFICATE OF APPEALABILITY by Judge John A Kronstadt for Report and Recommendation (Issued) 12 . IT IS ORDERED THAT: The Report and Recommendation is approved and accepted; Judgment be entered denying the Petition and dismissing this action with prejudice; and The Clerk serve copies of this Order on the parties. (bem)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 GUADALUPE RAMOS RIVERA, 12 Petitioner, 13 14 v. MARTIN BITER, Warden, 15 Respondent. 16 17 ) ) ) ) ) ) ) ) ) ) ) Case No. CV 11-0827 JAK (JCG) ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AND DENYING CERTIFICATE OF APPEALABILITY Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the 18 Magistrate Judge’s Report and Recommendation, and the remaining record. No 19 objections to the Report and Recommendation have been filed. 20 Accordingly, IT IS ORDERED THAT: 21 1. The Report and Recommendation is approved and accepted; 22 2. Judgment be entered denying the Petition and dismissing this action 23 with prejudice; and 24 3. 25 Additionally, for the reasons stated in the Report and Recommendation, the The Clerk serve copies of this Order on the parties. 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. 28 1 1 Cockrell, 537 U.S. 322, 336 (2003). Thus, the Court declines to issue a certificate 2 of appealability. 3 4 5 DATED: May 10, 2012 6 ____________________________________ 7 HON. JOHN A. KRONSTADT UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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