-VBK Danny Dan Mcghee v. T.E. Busbe, No. 5:2010cv01679 - Document 24 (C.D. Cal. 2011)

Court Description: ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF MAGISTRATE JUDGE 19 ;DECLINING TO ISSUE CERTIFICATE OF APPEALABILITY 23 by Judge Margaret M. Morrow. The Court accepts the findings and recommendations of the Magistrate Judge, and the Court declines to issue a Certificate of Appealability. (ah)

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-VBK Danny Dan Mcghee v. T.E. Busbe Doc. 24 1 2 3 4 5 6 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION 7 8 9 10 11 DANNY DAN McGHEE, 12 Petitioner, 13 v. 14 T. E. BUSBE, 15 Respondent. ) ) ) ) ) ) ) ) ) ) No. ED CV 10-01679-MMM (VBK) ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE 16 17 Pursuant to 28 U.S.C. §636, the Court has reviewed the Petition 18 for Writ of Habeas Corpus (“Petition”), the records and files herein, 19 and the Report and Recommendation of the United States Magistrate 20 Judge (“Report”). Further, the Court has engaged in de novo review of 21 those portions of the Report to which Petitioner has objected. 22 // 23 // 24 // 25 // 26 // 27 // 28 // Dockets.Justia.com 1 IT IS ORDERED that: (1) the Court accepts the findings and 2 recommendations of the Magistrate Judge, and (2) the Court declines to 3 issue a Certificate of Appealability (“COA”).1 4 5 DATED: November 29, 2011 MARGARET M. MORROW UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Under 28 U.S.C. §2253(c)(2), a COA may issue “only if the applicant has made a substantial showing of the denial of a constitutional right.” The Supreme Court has held that, to obtain a Certificate of Appealability under §2253(c), a habeas petitioner must show that “reasonable jurists could debate whether (or, for that matter, agree that) the petition should have been resolved in a different manner or that the issues presented were ‘adequate to deserve encouragement to proceed further’.” Slack v. McDaniel, 529 U.S. 473, 483-84, 120 S.Ct. 1595 (2000)(internal quotation marks omitted); see also Miller-El v. Cockrell, 537 U.S. 322, 336, 123 S.Ct. 1029 (2003). After review of Petitioner’s contentions herein, this Court concludes that Petitioner has not made a substantial showing of the denial of a constitutional right, as is required to support the issuance of a COA. 2

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