Alonzo v. Lopez

Full title: ROBERT ALONZO, II, Petitioner, v. RAUL LOPEZ, Warden, Respondent.

Court: UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Date published: Sep 15, 2011

Case No. CV 09-9191 JST (JCG) (C.D. Cal. Sep. 15, 2011)

Opinion

Case No. CV 09-9191 JST (JCG)

09-15-2011

ROBERT ALONZO, II, Petitioner, v. RAUL LOPEZ, Warden, Respondent.

JOSEPHINE STATON TUCKER

ORDER ADOPTING FINDINGS,

CONCLUSIONS AND

RECOMMENDATIONS OF UNITED

STATES MAGISTRATE JUDGE AND

DENYING CERTIFICATE OF APPEALABILITY

Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, all of the records herein, and the Report and Recommendation of the United States Magistrate Judge. No objections to the Report and Recommendation have been filed. The Court approves and adopts the Magistrate Judge's Report and Recommendation.

Additionally, for the reasons stated in the Report and Recommendation, the Court 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.

Accordingly, 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.

HON. JOSEPHINE STATON TUCKER

UNITED STATES DISTRICT JUDGE