Robert Davis v. Raymond Madden

United States District Court for the Central District of California

Robert Davis v. Raymond Madden

Trial Court Opinion

Case 2:21-cv-03530-FLA-PD Document 20 Filed 02/14/22 Page 1 of 2 Page ID #:3115

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 ROBERT DAVIS, Case No. 2:21-cv-03530-FLA (PD)

12 Petitioner, ORDER ACCEPTING 13 v. FINDINGS, CONCLUSIONS, 14 RAYMOND MADDEN, Warden, AND RECOMMENDATION OF UNITED STATES 15 Respondent. MAGISTRATE JUDGE, AND 16 DENYING CERTIFICATE OF APPEALABILITY 17 18

19 20 Pursuant to

28 U.S.C. § 636

, the court has reviewed the Petition, the records 21 on file, the Report and Recommendation of United States Magistrate Judge 22 (“Report”), the Objections to the Report, and the Supplemental Statement of 23 Decision. The court has engaged in a de novo review of those portions of the 24 Report to which Petitioner has objected. The court accepts the Report and the 25 Supplemental Statement of Decision and adopts them as its own findings and 26 conclusions. 27 The court further finds that Petitioner has not made a substantial showing of 28 the denial of a constitutional right or that the court erred in its procedural ruling Case ?:21-cv-03530-FLA-PD Document 20 Filed 02/14/22 Page 2of2 Page ID #:3116

1 || and, therefore, a certificate of appealability will not issue in this action. See 28 2 || U.S.C. § 2253(c)(2); Fed. R. App. P. 22(b); Miller-El v. Cockrell,

537 U.S. 322

, 3 || 336 (2003); Slack v. McDaniel,

529 U.S. 473, 484

(2000). 4 Accordingly, the Petition is DENIED with prejudice. 6 || Dated: February 14, 2022 7 - United States District hidge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

Status
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