Parada-Mendoza v. McGrew

Full title: RAFAEL PARADA-MENDOZA, Petitioner, v. LINDA McGREW, Respondent.

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

Date published: Nov 27, 2013

CV 12-10947 AG (JCG) (C.D. Cal. Nov. 27, 2013)

Opinion

RAFAEL PARADA-MENDOZA, Petitioner, v. LINDA McGREW, Respondent. No. CV 12-10947 AG (JCG) United States District Court, C.D. California. November 27, 2013

          ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

          ANDREW J. GUILFORD, 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.

         Accordingly, IT IS ORDERED THAT:

1. The Report and Recommendation is approved and accepted;

2. Judgment shall be entered dismissing this action without prejudice; and

3. The Clerk shall 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 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.