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Brown v. Hedgpeth

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
Apr 8, 2013
Case No. CV 12-10516 JVS (JCG) (C.D. Cal. Apr. 8, 2013)

Opinion

Case No. CV 12-10516 JVS (JCG)

04-08-2013

FREDERICK BROWN, Petitioner, v. A. HEDGPETH, Warden, Respondent.


ORDER ACCEPTING REPORT AND

RECOMMENDATION OF UNITED

STATES MAGISTRATE JUDGE AND

DENYING CERTIFICATE OF

APPEALABILITY

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 reiterate the arguments made in the Petition, and 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 be 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. 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.

______________________________

HON. JAMES V. SELNA

UNITED STATES DISTRICT JUDGE


Summaries of

Brown v. Hedgpeth

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
Apr 8, 2013
Case No. CV 12-10516 JVS (JCG) (C.D. Cal. Apr. 8, 2013)
Case details for

Brown v. Hedgpeth

Case Details

Full title:FREDERICK BROWN, Petitioner, v. A. HEDGPETH, Warden, Respondent.

Court:UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Date published: Apr 8, 2013

Citations

Case No. CV 12-10516 JVS (JCG) (C.D. Cal. Apr. 8, 2013)