McDiarmid v. Spearman

Full title: MICHAEL LEE McDIARMID, Petitioner, v. MARION SPEARMAN, Respondent.

Court: UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Date published: Mar 13, 2014

CASE NO. ED CV 13-1193-FMO (PJW) (C.D. Cal. Mar. 13, 2014)

Opinion

CASE NO. ED CV 13-1193-FMO (PJW)

03-13-2014

MICHAEL LEE McDIARMID, Petitioner, v. MARION SPEARMAN, Respondent.

FERNANDO M. OLGUIN

ORDER ACCEPTING REPORT AND

ADOPTING FINDINGS, CONCLUSIONS,

AND RECOMMENDATIONS OF UNITED

STATES MAGISTRATE JUDGE, AND

DENYING CERTIFICATE OF

APPEALABILITY

Pursuant to 28 U.S.C. Section 636, the Court has reviewed the Petition, records on file, and the Report and Recommendation of the United States Magistrate Judge. Further, the Court has engaged in a de novo review of those portions of the Report to which Petitioner has objected. The Court accepts the findings and recommendation of the Magistrate Judge.

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 or that the court erred in its procedural ruling and, therefore, a certificate of appealability is denied. See 28 U.S.C. § 2253(c)(2); Fed. R. App. P. 22(b); Miller-El v. Cockrell, 537 U.S. 322, 336 (2003); Slack v. McDaniel, 529 U.S. 474, 484 (2000).

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FERNANDO M. OLGUIN

UNITED STATES DISTRICT JUDGE