Opinion
Case No. LA CV 13-8399 JFW (JCG)
10-21-2015
TREVON WILLIS, Petitioner, v. MARTIN BITER, Warden, Respondent.
ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AND DENYING CERTIFICATE OF APPEALABILITY
Pursuant to 28 U.S.C. § 636, the Court has reviewed the First Amended Petition ("FAP"), 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 reiterate the arguments made in the FAP and Traverse, 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;
The Court also construes the Magistrate Judge's December 9, 2013 minute order granting Petitioner's stay request as a Report and Recommendation, and adopts it. --------
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. DATED: October 21, 2015
/s/_________
HON. JOHN F. WALTER
UNITED STATES DISTRICT JUDGE