Opinion
CASE NO. SA CV 09-465-DOC (PJW)
07-28-2016
ANTON ACEVEDO, Petitioner, v. JAMES A. YATES, WARDEN, Respondent.
ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AND GRANTING 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 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 established that reasonable jurists could find that the district court's decision regarding Petitioner's ineffective assistance of counsel claim is debatable. See 28 U.S.C. § 2253(c)(2); Miller-El v. Cockrell, 537 U.S. 322, 330 (2003). For this reason, a certificate of appealability as to this issue is GRANTED. DATED: July 28, 2016.
/s/_________
DAVID O. CARTER
UNITED STATES DISTRICT JUDGE