Diaz v. Busby

Full title: JOSE HERNANDEZ DIAZ, Petitioner, v. TIMOTHY E. BUSBY, Warden, Respondent.

Court: UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Date published: Sep 9, 2011

Case No. ED CV 09-1547 CJC (JCG) (C.D. Cal. Sep. 9, 2011)

Opinion

Case No. ED CV 09-1547 CJC (JCG)

09-09-2011

JOSE HERNANDEZ DIAZ, Petitioner, v. TIMOTHY E. BUSBY, Warden, Respondent.

CORMAC J. CARNEY

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. CORMAC J. CARNEY

UNITED STATES DISTRICT JUDGE