Evans v. Gutierrez

Full title: ROBERT CHARLES EVANS, Petitioner, v. JERRY GUTIERREZ, Warden, Respondent.

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

Date published: Jun 1, 2011

ED CV 11-0129 JHN (JCG) (C.D. Cal. Jun. 1, 2011)

Opinion

ROBERT CHARLES EVANS, Petitioner, v. JERRY GUTIERREZ, Warden, Respondent. No. ED CV 11-0129 JHN (JCG) United States District Court, C.D. California. June 1, 2011

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

          JACQUELINE H. NGUYEN, District 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 adopted.

2. Judgment be entered dismissing this action without prejudice.

3. The Clerk serve copies of this Order and the Judgment 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.