Opinion
Case No. LA CV 15-4356 VAP (JCG)
12-05-2016
PAUL ROBERSON, JR., Petitioner, v. RONALD RACKLEY, Respondent.
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 ("R&R"), and the remaining record, and has made a de novo determination. 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. DATED: December 5, 2016
/s/_________
HON. VIRGINIA A. PHILLIPS
CHIEF UNITED STATES DISTRICT
JUDGE