Cano v. McEwen

Full title: JULIO A. CANO, Petitioner, v. LELAND MCEWEN, Warden, Respondent.

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

Date published: Apr 30, 2011

CV 10-0160 AG (JCG) (C.D. Cal. Apr. 30, 2011)

Opinion

JULIO A. CANO, Petitioner, v. LELAND MCEWEN, Warden, Respondent. No. CV 10-0160 AG (JCG) United States District Court, C.D. California. April 30, 2011

          ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AND DENYING CERTIFICATE OF APPEALABILITY

          ANDREW J. GUILFORD, District Judge.

         Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the Magistrate Judge's Report and Recommendation, and the remaining record. No Objections to the Report and Recommendation have been filed. Accordingly, IT IS ORDERED THAT:

1. The Report and Recommendation is approved and adopted.

2. Judgment be entered dismissing this action with prejudice.

3. The Clerk serve copies of this Order and the Judgment on the parties.

         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.