Emery v. Cate

Full title: ANTHONY EARL EMERY, Petitioner, v. MATTHEW CATE, Respondent.

Court: UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Date published: Oct 22, 2013

CASE NO. CV 11-7338-PSG (PJW) (C.D. Cal. Oct. 22, 2013)

Opinion

CASE NO. CV 11-7338-PSG (PJW)

2013-10-22

ANTHONY EARL EMERY, Petitioner, v. MATTHEW CATE, Respondent.

PHILIP S. GUTIERREZ

ORDER ACCEPTING REPORT AND

ADOPTING FINDINGS, CONCLUSIONS,

AND RECOMMENDATIONS 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 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).

____________________________

PHILIP S. GUTIERREZ

UNITED STATES DISTRICT JUDGE