Johnny Alvarez v. Domingo Uribe Jr

Filing 8

ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AND DENYING CERTIFICATE OF APPEALABILITY by Judge Percy Anderson for Report and Recommendation (Issued), 6 . (ca)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 JOHNNY ALVAREZ, Petitioner, 11 12 13 14 ) ) ) ) ) ) ) ) ) ) v. DOMINGO URIBE, JR., Respondent. CASE NO. EDCV 11-588-VBF (PJW) ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AND DENYING CERTIFICATE OF APPEALABILITY 15 16 Pursuant to 28 U.S.C. § 636, the Court has reviewed the 17 Petition, the records on file, and the Report and Recommendation of 18 United States Magistrate Judge. 19 objections to the Report. 20 recommendation of the Magistrate Judge. 21 Petitioner has not filed any The Court accepts the findings and Further, for the reasons stated in the Report and 22 Recommendation, the Court finds that Petitioner has not made a 23 substantial showing of the denial of a constitutional right or that 24 the court erred in its procedural ruling and, therefore, a 25 certificate of appealability will not issue in this action. 26 27 28 See 28 1 U.S.C. § 2253(c)(2); Fed. R. App. P. 22(b); Miller-El v. Cockrell, 2 537 U.S. 322, 336 (2003); Slack v. McDaniel, 529 U.S. 473, 484 3 (2000). 4 5 DATED: 9/13/11. 6 7 VALERIE BAKER FAIRBANK 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 C:\Temp\notesE1EF34\Alvarez Order accep r&r.wpd 2

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