Summary
denying an Eighth Amendment habeas claim where petitioner was sentenced to 23 years total for five armed robberies committed when he was a juvenile
Summary of this case from United States v. MarshallOpinion
Case No. CV 11-6522 JST (JCG)
02-10-2013
ISAAKE LELENOA, Petitioner, v. DOMINGO URIBE, JR., Warden, Respondent.
ORDER ACCEPTING REPORT AND
RECOMMENDATION OF UNITED
STATES MAGISTRATE JUDGE AND
DENYING CERTIFICATE OF
APPEALABILITY
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the Magistrate Judge's Report and Recommendation, and the remaining record. No objections to the Report and Recommendation have been filed.
Accordingly, IT IS ORDERED THAT:
1. The Report and Recommendation is approved and accepted;
2. Judgment be entered denying the Petition and dismissing this action with prejudice; and
3. The Clerk serve copies of this Order 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). The Court thus declines to issue a certificate of appealability.
______________
HON. JOSEPHINE STATON TUCKER
UNITED STATES DISTRICT JUDGE