Faustino Gomez v. R Grounds
Filing
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ORDER ADOPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE AND DENYING CERTIFICATE OF APPEALABILITY by Judge Dean D. Pregerson for Report and Recommendation (Issued) 10 . IT IS ORDERED THAT: 1. Judgment shall be entered dismissing the action with prejudice. 2. The Clerk shall serve copies of this Order and the Judgment herein on the parties. 3. A Certificate of Appealability is denied. (bem)
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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FAUSTINO GOMEZ,
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Petitioner,
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R. GROUNDS, Warden,
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Respondent.
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Case No. ED CV 10-1798 DDP (JCG)
ORDER ADOPTING FINDINGS,
CONCLUSIONS AND
RECOMMENDATIONS 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, all of the
19 records herein, and the Report and Recommendation of the United States Magistrate
20 Judge. No objections to the Report and Recommendation have been filed. The
21 Court approves and adopts the Magistrate Judge’s Report and Recommendation.
Additionally, for the reasons stated in the Report and Recommendation, the
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23 Court finds that Petitioner has not made a substantial showing of the denial of a
24 constitutional right. See 28 U.S.C. § 2253; Fed. R. App. P. 22(b); Miller-El v.
25 Cockrell, 537 U.S. 322, 336 (2003). Thus, the Court declines to issue a certificate of
26 appealability.
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Accordingly, IT IS ORDERED THAT:
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1.
Judgment shall be entered dismissing the action with prejudice.
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The Clerk shall serve copies of this Order and the Judgment herein on
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A Certificate of Appealability is denied.
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6 DATED: _May 30, 2012__
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_________________________________
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HON. DEAN D. PREGERSON
UNITED STATES DISTRICT JUDGE
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