Avila v. Holland

Full title: LARRY ANTHONY AVILA, Petitioner, v. KIM HOLLAND, WARDEN, Respondent.

Court: UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Date published: Oct 22, 2013

CASE NO. CV 12-5272-JSL (PJW) (C.D. Cal. Oct. 22, 2013)

Opinion

CASE NO. CV 12-5272-JSL (PJW)

2013-10-22

LARRY ANTHONY AVILA, Petitioner, v. KIM HOLLAND, WARDEN, Respondent.

J. SPENCER LETTS

ORDER ACCEPTING REPORT AND

ADOPTING FINDINGS, CONCLUSIONS,

AND RECOMMENDATIONS OF UNITED

STATES MAGISTRATE 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 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).

____________________________

J. SPENCER LETTS

UNITED STATES DISTRICT JUDGE