Toro v. Martel

Full title: STEVEN C. DEL TORO, Petitioner, v. MICHAEL MARTEL, Warden, Respondent.

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

Date published: Nov 10, 2010

SA CV 09-0554 PSG (JCG) (C.D. Cal. Nov. 10, 2010)

Opinion

STEVEN C. DEL TORO, Petitioner, v. MICHAEL MARTEL, Warden, Respondent. No. SA CV 09-0554 PSG (JCG). United States District Court, C.D. California. November 10, 2010.

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

          PHILIP S. GUTIERREZ, 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.