Leanos v. Felker

Full title: FRANCISCO LEANOS, Petitioner, v. T. FELKER, WARDEN, Respondent.

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

Date published: Jan 14, 2011

ED CV 08-1932-ABC (PJW) (C.D. Cal. Jan. 14, 2011)

Opinion

FRANCISCO LEANOS, Petitioner, v. T. FELKER, WARDEN, Respondent. No. ED CV 08-1932-ABC (PJW) United States District Court, C.D. California. January 14, 2011

          ORDER ACCEPTING REPORT AND ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

          AUDREY B. COLLINS, District Judge.

         Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the records on file, and the Report and Recommendation of United States Magistrate Judge and has considered de novo the portions of the Report as to which objections have been filed. The Court accepts the Magistrate Judge's Report and adopts it as its own findings and conclusions.

         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 should not issue in this action. See 28 U.S.C. § 2253(c)(2); Fed. R. App. P. 22(b); Miller-El v. Cockrell, 537 U.S. 322, 336 (2003).