Covarrubias v. Biter

Full title: ANTHONY COVARRUBIAS, Petitioner, v. M.D. BITER, Warden, Respondent.

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

Date published: Oct 31, 2013

CV 11-6213 AG (JCG) (C.D. Cal. Oct. 31, 2013)

Opinion

ANTHONY COVARRUBIAS, Petitioner, v. M.D. BITER, Warden, Respondent. No. CV 11-6213 AG (JCG) United States District Court, C.D. California. October 31, 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. § 636, the Court has reviewed the Petition, the Magistrate Judge's Report and Recommendation, Petitioner's Objections to the Report and Recommendation, and the remaining record, and has made a de novo determination.

         Petitioner's Objections generally reiterate the arguments made in the Petition, and lack merit for the reasons set forth in the Report and Recommendation.

         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.