Summary
refusing to consider affidavits submitted only in Spanish
Summary of this case from Ruiz v. OliveiraOpinion
CASE NO. CV 08-308-AB (PJW)
01-27-2015
LUIS GARCIA FERNANDEZ, Petitioner, v. D. DEXTER, WARDEN, Respondent.
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. § 636, the Court has reviewed the Petition, the records on file, and the Report and Recommendation of United States Magistrate Judge. No objections to the Report and Recommendation have been filed. The Court accepts the Magistrate Judge's Report and adopts it as its own findings and conclusions.
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).
DATED: January 27, 2015.
/s/_________
ANDRE BIROTTE JR.
UNITED STATES DISTRICT JUDGE