Bishop v. Allison

Full title: TRAYVON BISHOP, Petitioner, v. KATHLEEN ALLISON, Warden, Respondent.

Court: United States District Court, Ninth Circuit, California, C.D. California

Date published: May 10, 2011

CV 10-4363 RGK (JCG) (C.D. Cal. May. 10, 2011)

Opinion

TRAYVON BISHOP, Petitioner, v. KATHLEEN ALLISON, Warden, Respondent. No. CV 10-4363 RGK (JCG) United States District Court, C.D. California. May 10, 2011

          ORDER ADOPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE AND DENYING CERTIFICATE OF APPEALABILITY

          R. GARY KLAUSNER, District Judge.

         Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, all of the records herein, the Report and Recommendation of the United States Magistrate Judge, and the Objections to the Report and Recommendation. Having made a de novo determination of the portions of the Report and Recommendation to which the Objections were directed, the Court concurs with and adopts the findings and conclusions of 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. Petitioner's Application for Certificate of Appealability, [Docket No. 18], is denied.