Summary
explaining that "generalized assertion" that petitioner feared for safety did not entitle him to equitable tolling when he offered "no evidence of any specific attacks or threats on his life"
Summary of this case from Winkler v. BacaOpinion
CASE NO. CV 12-6073-JLS (PJW)
11-02-2013
LUIS GABRIEL RIO SOSA, Petitioner, v. RON BARNES, WARDEN, Respondent.
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. § 636, the Court has reviewed the Petition, the records on file, and the Report and Recommendation of United States Magistrate Judge. No objections to the Report and Recommendation have been filed. The Court accepts the Magistrate Judge's Report and adopts it as its own findings and conclusions.
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 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).
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JOSEPHINE L. STATON
UNITED STATES DISTRICT JUDGE