Summary
finding that prisoner's inability to earn good-time credits was based on his status as a gang member after 2010 and distinguishing section 2933.6 from the postconviction amendments in Weaver and Lynce
Summary of this case from Castlin v. LewisOpinion
CASE NO. CV 11-8636-DSF (PJW) CASE NO. CV 12-269-DSF (PJW)
03-05-2014
ARON DOUGLASS CASTLIN, Petitioner, v. GREG LEWIS, Respondent.
ORDER ACCEPTING REPORT AND
ADOPTING FINDINGS, CONCLUSIONS,
AND RECOMMENDATIONS OF UNITED
STATES MAGISTRATE JUDGE, AND
DENYING CERTIFICATE OF
APPEALABILITY
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 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).
___________________
DALE S. FISCHER
UNITED STATES DISTRICT JUDGE