Azzara v. Tampkins

Full title: RICHARD AZZARA, Petitioner, v. CYNTHIA TAMPKINS, Warden, Respondent.

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

Date published: Jun 17, 2015

CV 14-39-CAS (LAL) (C.D. Cal. Jun. 17, 2015)

Opinion

RICHARD AZZARA, Petitioner, v. CYNTHIA TAMPKINS, Warden, Respondent. No. CV 14-39-CAS (LAL) United States District Court, C.D. California. June 17, 2015

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

          CHRISTINA A. SNYDER, District Judge.

         Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the Magistrate Judge's Report and Recommendation, Petitioner's Objections to the Report and Recommendation, and the remaining record, and has made a de novo determination.

         Petitioner's Objections generally lack merit for the reasons set forth in the Report and Recommendation.

         Accordingly, IT IS ORDERED THAT:

         1. The Report and Recommendation is approved and accepted;

         2. Judgment by entered denying the Petition and dismissing this action with prejudice; and

         3. The Clerk serve copies of this Order 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.¹ Thus, the Court declines to issue a certificate of appealability.

1 See 28 U.S.C. § 2253; Fed. R. App. P. 22(b); Miller-El v. Cockrell, 537 U.S. 322, 336, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003).