Gregory Darnell Jacobs v. United States of America

Filing 5

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge S. James Otero, IT IS ORDERED THAT: 1. The Report and Recommendation is approved and accepted; 2. Judgment be entered denying the Petition and dismissing this action with prejudice. Additionally, fo r the reasons stated in the Report and Recommendation, the Court finds that Petitioner 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). The Court thus declines to issue a certificate of appealability. Report and Recommendation (Issued) 4 (lmh)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 Petitioner, 13 14 15 v. GREGORY DARNELL JACOBS, Respondent. 16 ) ) ) ) ) ) ) ) ) ) ) Case No. CV 12-424 SJO (JCG) ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AND DENYING CERTIFICATE OF APPEALABILITY 17 18 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. 21 Accordingly, IT IS ORDERED THAT: 22 1. The Report and Recommendation is approved and accepted; 23 2. Judgment be entered denying the Petition and dismissing this action 24 with prejudice; and 25 3. 26 Additionally, for the reasons stated in the Report and Recommendation, the The Clerk serve copies of this Order on the parties. 27 Court finds that Petitioner has not made a substantial showing of the denial of a 28 constitutional right. See 28 U.S.C. § 2253; Fed. R. App. P. 22(b); Miller-El v. 1 1 Cockrell, 537 U.S. 322, 336 (2003). The Court thus declines to issue a certificate 2 of appealability. 3 4 5 May 25, 2012. DATED: ___________________ 6 ____________________________________ 7 HON. S. JAMES OTERO 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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