Garcia v. Muniz

Full title: MANUEL GARCIA, Petitioner, v. WILLIAM MUNIZ, Respondent.

Court: UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Date published: Mar 30, 2018

Case No. 2:16-CV-7606-MWF (LAL) (C.D. Cal. Mar. 30, 2018)

Opinion

Case No. 2:16-CV-7606-MWF (LAL)

03-30-2018

MANUEL GARCIA, Petitioner, v. WILLIAM MUNIZ, Respondent.

MICHAEL W. FITZGERALD UNITED STATES DISTRICT JUDGE

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, and the remaining record, and has made a de novo determination.

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.

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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. DATED: March 30, 2018

1

/s/_________

MICHAEL W. FITZGERALD

UNITED STATES DISTRICT JUDGE

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).