Rabanales v. Cate

Full title: MARIO CRISTOBAL RABANALES, Petitioner, v. MATTHEW CATE, Secretary…

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

Date published: Apr 28, 2011

ED CV 10-0108 VAP (JCG) (C.D. Cal. Apr. 28, 2011)

Opinion

MARIO CRISTOBAL RABANALES, Petitioner, v. MATTHEW CATE, Secretary, California Department of Corrections and Rehabilitation, and BRUNO STOLC, Warden, Respondents. No. ED CV 10-0108 VAP (JCG) United States District Court, C.D. California. April 28, 2011

          ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AND DENYING CERTIFICATE OF APPEALABILITY

          VIRGINIA A. PHILLIPS, District Judge.

         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 adopted.

2. Judgment be entered dismissing this action with prejudice.

3. The Clerk serve copies of this Order and the Judgment 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). Thus, the Court declines to issue a certificate of appealability.