Cota v. Macomber

Full title: MIGUEL COTA, Petitioner, v. JEFF MACOMBER, Respondent.

Court: UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Date published: Oct 31, 2016

Case No. LA CV 15-1528 AG (JCG) (C.D. Cal. Oct. 31, 2016)

Opinion

Case No. LA CV 15-1528 AG (JCG)

10-31-2016

MIGUEL COTA, Petitioner, v. JEFF MACOMBER, Respondent.

HON. ANDREW J. GUILFORD UNITED STATES DISTRICT JUDGE

ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the Magistrate Judge's Report and Recommendation, and the remaining record. No objections to the Report and Recommendation have been filed. // // // //

Accordingly, IT IS ORDERED THAT:

1. The Report and Recommendation is approved and accepted;

2. Judgment be entered 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 shown that "jurists of reason would find it debatable whether": (1) "the petition states a valid claim of the denial of a constitutional right"; and (2) "the district court was correct in its procedural ruling." See Slack v. McDaniel, 529 U.S. 473, 484 (2000). Thus, the Court declines to issue a certificate of appealability. DATED: October 31, 2016

/s/_________

HON. ANDREW J. GUILFORD

UNITED STATES DISTRICT JUDGE Presented by: /s/_________

Hon. Jay C. Gandhi

United States Magistrate Judge