Yochem v. Superior Court of California, Orange County

Full title: MICHAEL YOCHEM, Petitioner, v. SUPERIOR COURT OF CALIFORNIA, ORANGE COUNTY…

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

Date published: Jun 16, 2011

SA CV 11-670-RGK (PJW) (C.D. Cal. Jun. 16, 2011)

Opinion

MICHAEL YOCHEM, Petitioner, v. SUPERIOR COURT OF CALIFORNIA, ORANGE COUNTY Respondent. No. SA CV 11-670-RGK (PJW) United States District Court, C.D. California. June 16, 2011

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

          R. GARY KLAUSNER, District Judge.

         Pursuant to 28 U.S.C. Section 636, the Court has reviewed the Petition, records on file, and the Report and Recommendation of the United States Magistrate Judge. Further, the Court has engaged in a de novo review of those portions of the Report to which Petitioner has objected. The Court accepts the findings and recommendation of the Magistrate Judge.

         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 or that the court erred in its procedural ruling and, therefore, a certificate of appealability is denied. See Rules Governing Section 2254 Cases in the United States District Courts, Rule 11(a); 28 U.S.C. § 2253 (c) (2); Fed. R. App. P. 22 (b); Miller-El v. Cockrell, 537 U.S. 322, 336 (2003).