Sanchez v. Yates

Full title: JUAN CARLOS SANCHEZ, Petitioner, v. JAMES A. YATES, Warden, Respondent.

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

Date published: Jul 25, 2011

CV 09-7280 JVS (JCG) (C.D. Cal. Jul. 25, 2011)

Opinion

JUAN CARLOS SANCHEZ, Petitioner, v. JAMES A. YATES, Warden, Respondent. No. CV 09-7280 JVS (JCG) United States District Court, C.D. California. July 25, 2011

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

          JAMES V. SELNA, District Judge.

         Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the Magistrate Judge's Report and Recommendation, Petitioner's Objections to the Report and Recommendation, and the remaining record, and has made a de novo determination.

         Petitioner's Objections generally reiterate the arguments made in the Petition and Reply, and lack merit for the reasons set forth in the Report and Recommendation.

         Accordingly, IT IS ORDERED THAT:

1. The Report and Recommendation is approved and adopted;

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). Thus, the Court declines to issue a certificate of appealability.