Tolbert v. Scribner

Full title: ROBERT LOUIS TOLBERT, JR., Petitioner, v. L. SCRIBNER, WARDEN, Respondent.

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

Date published: Feb 1, 2010

ED CV 07-36-GAF (PJW) (C.D. Cal. Feb. 1, 2010)

Opinion

ROBERT LOUIS TOLBERT, JR., Petitioner, v. L. SCRIBNER, WARDEN, Respondent. No. ED CV 07-36-GAF (PJW). United States District Court, C.D. California. February 1, 2010.

          ORDER ACCEPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE AND DENYING CERTIFICATE OF APPEALABILITY

          GARY A. FEESS, District Judge.

         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 should not issue in this action. See 28 U.S.C. § 2253(c)(2); Fed. R. App. P. 22(b); Miller-El v. Cockrell, 537 U.S. 322, 336 (2003).