-MAN Eugene Harold Campbell v. T Ochoa et al, No. 2:2011cv07967 - Document 5 (C.D. Cal. 2011)
Court Description: ORDER: ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE; AND DENYING CERTIFICATE OF APPEALABILITY by Judge John A Kronstadt for Report and Recommendation (Issued), 3 . IT IS ORDERED that: the Petition is DENIED; and Judgment shall be entered dismissing this action with prejudice as to Grounds One and Three, and without prejudice as to Ground Two. The Court concludes that acertificate of appealability is unwarranted, and thus, it is DENIED. (mz)
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-MAN Eugene Harold Campbell v. T Ochoa et al Doc. 5 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 EUGENE HAROLD CAMPBELL, ) ) Petitioner, ) ) v. ) ) T. OCHOA, ) ) Respondent. ) ___________________________________) NO. CV 11-7967-JAK (MAN) ORDER: ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE; AND DENYING CERTIFICATE OF APPEALABILITY 16 17 18 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition 19 for Writ of Habeas Corpus (“Petition”), all of the records herein, and 20 the 21 (“Report”). 22 and no Objections have been filed. 23 recommendations set forth in the Report. Report and Recommendation of United States Magistrate Judge The time for filing Objections to the Report has passed, The Court accepts the findings and 24 25 IT IS ORDERED that: the Petition is DENIED; and Judgment shall be 26 entered dismissing this action with prejudice as to Grounds One and 27 Three, and without prejudice as to Ground Two. 28 Dockets.Justia.com 1 In addition, pursuant to Rule 11(a) of the Rules Governing Section 2 2254 Cases in the United States District Courts, the Court has 3 considered whether a certificate of appealability is warranted in this 4 case. 5 85, 6 certificate of appealability is unwarranted, and thus, it is DENIED. See 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484- 120 S. Ct. 1595, 1604 (2000). The Court concludes that a 7 8 9 IT IS FURTHER ORDERED that the Clerk serve copies of this Order and the Judgment herein on Petitioner. 10 11 LET JUDGMENT BE ENTERED ACCORDINGLY. 12 13 DATED: November 9, 2011. 14 15 JOHN A. KRONSTADT UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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