Opinion
NO. CV 11-00311-CJC (MAN)
08-26-2011
TOM NGUYEN, Petitioner, v. T. GONZALEZ, WARDEN, Respondent.
ORDER: ACCEPTING FINDINGS 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 for Writ of Habeas Corpus, all of the records herein, and the Report and Recommendation of United States Magistrate Judge ("Report"). The time for filing Objections to the Report has passed, and no Objections have been filed. The Court accepts the findings and recommendations set forth in the Report.
IT IS ORDERED that Judgment shall be entered dismissing this action without prejudice.
In addition, pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases in the United States District Courts, the Court has considered whether a certificate of appealability is warranted in this case. See 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484-85, 120 S. Ct. 1595, 1604 (2000). The Court concludes that a certificate of appealability is unwarranted, and thus, it is DENIED.
IT IS FURTHER ORDERED that the Clerk serve copies of this Order and the Judgment herein on Petitioner.
LET JUDGMENT BE ENTERED ACCORDINGLY.
CORMAC J. CARNEY
UNITED STATES DISTRICT JUDGE