Damicus Aleser Metoyer v. Daniel Paramo, No. 2:2012cv03038 - Document 10 (C.D. Cal. 2012)
Court Description: ORDER: ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE; AND DENYING CERTIFICATE OF APPEALABILITY by Judge Christina A. Snyder for Report and Recommendation (Issued), 8 . (mz)
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Damicus Aleser Metoyer v. Daniel Paramo Doc. 10 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 DAMICUS ALESER METOYER, ) ) Petitioner, ) ) v. ) ) DANIEL PARAMO, WARDEN, ) ) Respondent. ) ___________________________________) NO. CV 12-3038-CAS (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 with the Court. 23 review, the Court accepts the findings and recommendations set forth in 24 the Report. Report and Recommendation of United States Magistrate Judge The time for filing Objections to the Report has passed, Having completed its 25 26 IT IS ORDERED that: (1) Respondent’s motion to dismiss the 27 Petition is granted; and (2) Judgment shall be entered dismissing this 28 action without prejudice. 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, a certificate of 7 appealability 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 8 9 10 IT IS FURTHER ORDERED that the Clerk shall serve copies of this Order and the Judgment herein on the parties. 11 12 LET JUDGMENT BE ENTERED ACCORDINGLY. 13 14 DATED: October 1, 2012. 15 16 17 CHRISTINA A. SNYDER UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28 2
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