Opinion
CASE NO. EDCV 10-1119-GW (PJW)
11-11-2014
ROBERT LEWIS SMITH, Petitioner, v. DERRAL G. ADAMS, WARDEN, Respondent.
ORDER ACCEPTING AMENDED FINAL REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AND DENYING CERTIFICATE OF APPEALABILITY
Pursuant to 28 U.S.C. Section 636, the Court has reviewed the Petition, records on file, and the Amended Final Report and Recommendation of the United States Magistrate Judge. Further, the Court has engaged in a de novo review of those portions of the Report to which Petitioner has objected. The Court accepts the findings and recommendation of the Magistrate Judge.
Further, for the reasons stated in the Amended Final Report and Recommendation, the Court finds that Petitioner has not made a substantial showing of the denial of a constitutional right or that it erred in its procedural ruling and, therefore, a certificate of appealability is denied. See 28 U.S.C. § 2253(c)(2); Fed. R. App. P. 22(b); Miller-El v. Cockrell, 537 U.S. 322, 336 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000). IT IS SO ORDERED. DATED: November 11, 2014.
/s/_________
GEORGE H. WU
UNITED STATES DISTRICT JUDGE