Opinion
Case No. ED CV 10-0235 MMM (JCG)
11-19-2011
MICHAEL SCOTT MAXEY, Petitioner, v. R. HILL, Warden, Respondent.
ORDER ACCEPTING 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 Petitioner's Objections to the Report and Recommendation, and has made a de novo determination. The Court accepts the Magistrate Judge's Report and Recommendation.
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, having made a de novo determination of those portions of the Report and Recommendation to which objection was made, 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. A Certificate of Appealability is denied.
HON. MARGARET M. MORROW
UNITED STATES DISTRICT JUDGE