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Smith v. McEwen

United States District Court, Ninth Circuit, California, C.D. California
May 27, 2013
CV 12-6213-AG (PJW) (C.D. Cal. May. 27, 2013)

Opinion


DONALD JOSHUA SMITH, Petitioner, v. L. SCOTT McEWEN, WARDEN, Respondent. No. CV 12-6213-AG (PJW) United States District Court, C.D. California. May 27, 2013

          ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AND DENYING CERTIFICATE OF APPEALABILITY

          ANDREW J. GUILFORD, District Judge.

         Pursuant to 28 U.S.C. Section 636, the Court has reviewed the Petition, records on file, and the 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 Report and Recommendation, the Court finds that Petitioner has not made a substantial showing of the denial of a constitutional right 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).


Summaries of

Smith v. McEwen

United States District Court, Ninth Circuit, California, C.D. California
May 27, 2013
CV 12-6213-AG (PJW) (C.D. Cal. May. 27, 2013)
Case details for

Smith v. McEwen

Case Details

Full title:DONALD JOSHUA SMITH, Petitioner, v. L. SCOTT McEWEN, WARDEN, Respondent.

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

Date published: May 27, 2013

Citations

CV 12-6213-AG (PJW) (C.D. Cal. May. 27, 2013)