Rodriguez v. Cate

Full title: JOSE CARLOS RODRIGUEZ, Petitioner, v. MATTHEW CATE, Respondent.

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

Date published: Oct 2, 2013

CV 12-753-CJC (PJW) (C.D. Cal. Oct. 2, 2013)

Opinion

JOSE CARLOS RODRIGUEZ, Petitioner, v. MATTHEW CATE, Respondent. No. CV 12-753-CJC (PJW). United States District Court, C.D. California. October 2, 2013.

          ORDER ACCEPTING REPORT AND ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE, AND DENYING CERTIFICATE OF APPEALABILITY

          CORMAC J. CARNEY, 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).