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Green v. Evans

United States District Court, Ninth Circuit, California, C.D. California
Jun 23, 2010
CV 09-7994-DMG(RC) (C.D. Cal. Jun. 23, 2010)

Opinion


GARY GREEN, Petitioner, v. WARDEN MICHAEL S. EVANS, Respondent. No. CV 09-7994-DMG(RC). United States District Court, C.D. California. June 23, 2010.

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

          DOLLY M. GEE, District Judge.

         Pursuant to 28 U.S.C. Section 636, the Court has reviewed the petition and other papers along with the attached Report and Recommendation of United States Magistrate Judge Rosalyn M. Chapman, and has made a de novo determination.

         IT IS ORDERED that (1) the Report and Recommendation is approved and adopted; (2) the Report and Recommendation is adopted as the findings of fact and conclusions of law herein; and (3) Judgment shall be entered dismissing the petition for writ of habeas corpus and action without prejudice.

         This Court finds an appeal would not be taken in good faith, and petitioner has not made a substantial showing that he has been denied a constitutional right and that this Court was not correct in its procedural rulings, for the reasons set forth in the Report and Recommendation of the United States Magistrate Judge, and accordingly, a certificate of appealability should not issue under 28 U.S.C. § 2253(c)(2) and Fed. R. App. P. 22(b). Slack v. McDaniel , 529 U.S. 473, 483, 120 S.Ct. 1595, 1604, 146 L.Ed.2d 542 (2000); Olvera v. Giurbino , 371 F.3d 569 (9th Cir. 2004). Thus, IT IS FURTHER ORDERED that a Certificate of Appealability be DENIED.

         FINALLY, IT IS FURTHER ORDERED that the Clerk shall serve copies of this Order, the Magistrate Judge's Report and Recommendation and Judgment by the United States mail on petitioner.


Summaries of

Green v. Evans

United States District Court, Ninth Circuit, California, C.D. California
Jun 23, 2010
CV 09-7994-DMG(RC) (C.D. Cal. Jun. 23, 2010)
Case details for

Green v. Evans

Case Details

Full title:GARY GREEN, Petitioner, v. WARDEN MICHAEL S. EVANS, Respondent.

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

Date published: Jun 23, 2010

Citations

CV 09-7994-DMG(RC) (C.D. Cal. Jun. 23, 2010)