Eckman v. Knipp

Full title: TOMMY CURTIS ECKMAN, Petitioner, v. WILLIAM KNIPP, Warden, Respondent.

Court: UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Date published: Sep 20, 2011

Case No. CV 09-5999 DSF (JCG) (C.D. Cal. Sep. 20, 2011)

Opinion

Case No. CV 09-5999 DSF (JCG)

09-20-2011

TOMMY CURTIS ECKMAN, Petitioner, v. WILLIAM KNIPP, Warden, Respondent.

DALE S. FISCHER

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, the Report and Recommendation of the United States Magistrate Judge, and the Objections to the Report and Recommendation. Having made a de novo determination, 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, is denied.

HON. DALE S. FISCHER

UNITED STATES DISTRICT JUDGE