Davidson v. Haviland

Full title: GILBERT DAVIDSON, Petitioner, v. JOHN W. HAVILAND, Respondent.

Court: UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Date published: Nov 16, 2011

CASE NO. ED CV 09-1484-JVS (PJW) (C.D. Cal. Nov. 16, 2011)

Opinion

CASE NO. ED CV 09-1484-JVS (PJW)

11-16-2011

GILBERT DAVIDSON, Petitioner, v. JOHN W. HAVILAND, Respondent.

JAMES V. SELNA

ORDER ACCEPTING REPORT AND

RECOMMENDATION OF UNITED STATES

MAGISTRATE JUDGE AND DENYING

CERTIFICATE OF APPEALABILITY

Pursuant to 28 U.S.C. Section 636, the Court has reviewed the Petition, records on file, and the Report and Recommendation of the United States Magistrate Judge. Petitioner has not filed any objections to the Report. The Court accepts the findings and recommendation of the Magistrate Judge.

Further, 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 and, therefore, a certificate of appealability is denied. See Rules Governing Section 2254 Cases in the United States District Courts, Rule 11(a); 28 U.S.C. § 2253(c)(2); Fed. R. App. P. 22(b); Miller-El v. Cockrell, 537 U.S. 322, 336 (2003).

JAMES V. SELNA

UNITED STATES DISTRICT JUDGE