Farooqi v. Ochoa

Full title: PASHTOON FAROOQI, Petitioner, v. J. TIM OCHOA, Warden, Respondent.

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

Date published: Apr 5, 2011

SA CV 09-1512 DMG (JCG) (C.D. Cal. Apr. 5, 2011)

Opinion

PASHTOON FAROOQI, Petitioner, v. J. TIM OCHOA, Warden, Respondent. No. SA CV 09-1512 DMG (JCG) United States District Court, C.D. California. April 5, 2011

          ORDER ADOPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE AND DENYING CERTIFICATE OF APPEALABILITY

          DOLLY M. GEE, District Judge.

         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. 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.

         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.