Summary
rejecting equitable tolling and denying an evidentiary hearing because the "record is devoid of any concrete evidence of Petitioner's efforts to obtain adequate Spanish language legal materials or translation services during the limitations period" where petitioner asserted only that he was turned down from legal assistance at the library and he was afraid to seek the assistance of other inmates
Summary of this case from Herrera v. McDowellOpinion
Case No. ED CV 13-990 CJC (JCG)
01-09-2014
SARZA JESUS, Petitioner, v. DAVID B. LONG, 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, 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 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.
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HON. CORMAC J. CARNEY
UNITED STATES DISTRICT JUDGE