Meeko Carraway v. Brenda Casa

Filing 5

ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AND DENYING CERTIFICATE OF APPEALABILITY by Judge Dolly M. Gee for Report and Recommendation (Issued), 4 . IT IS ORDERED THAT: 1. The Report and Recommendation is ap proved and accepted; 2. Judgment be entered denying the Petition and dismissing this action without prejudice; and 3. The Clerk serve copies of this Order on the parties. Additionally, for the reasons stated in the Report and Recommendation, the Cou rt 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). Thus, the Court declines to issue a certificate of appealability. (bem)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 MEEKO CARRAWAY, Petitioner, 12 13 14 v. BRENDA CASH, Warden, Respondent. 15 16 17 ) ) ) ) ) ) ) ) ) ) ) Case No. ED CV 13-0248 DMG (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 without prejudice; and 23 24 3. The Clerk serve copies of this Order on the parties. 25 Additionally, for the reasons stated in the Report and Recommendation, the 26 Court finds that Petitioner has not made a substantial showing of the denial of a 27 // 28 // 1 1 constitutional right. See 28 U.S.C. § 2253; Fed. R. App. P. 22(b); Miller-El v. 2 Cockrell, 537 U.S. 322, 336 (2003). Thus, the Court declines to issue a certificate 3 of appealability. 4 5 DATED: August 2, 2013 6 ____________________________________ 7 DOLLY M. GEE 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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