Crittenden v. Cal. Dept. of Corrections and Rehabilitation

Full title: DELBERT MARINE CRITTENDEN, Petitioner, v. CAL. DEPT. OF CORRECTIONS AND…

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

Date published: Apr 7, 2011

SACV 11-0059 JST (JCG) (C.D. Cal. Apr. 7, 2011)

Opinion

DELBERT MARINE CRITTENDEN, Petitioner, v. CAL. DEPT. OF CORRECTIONS AND REHABILITATION, Respondent. No. SACV 11-0059 JST (JCG) United States District Court, C.D. California. April 7, 2011

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

          JOSEPHINE STATON TUCKER, 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. Petitioner filed no objections to the Report and Recommendation.

         Accordingly, IT IS ORDERED THAT:

         (1) the Report and Recommendation is approved and adopted;

         (2) judgment be entered denying the Petition and dismissing this action with prejudice; and

         (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(c); 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.