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Jurisdiction: California Central District Court
Decision Date: 5/2/2017

STATES

                                                                                                                                                                                                                                                                                                                                                                                                                            FEDERAL

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Heath v. Spearman Heath v. Spearman (C.D. Cal., 2017)

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        DANIEL WILLIAM HEATH, Petitioner,
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        v.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        MARION E. SPEARMAN, WARDEN, Respondent.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        CASE NO. ED CV 13-99-JLS (PJW)

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        May 2, 2017

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        DANIEL WILLIAM HEATH, Petitioner, v. MARION E. SPEARMAN, WARDEN, Respondent.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        CASE NO. ED CV 13-99-JLS (PJW)

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        May 2, 2017

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        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 Final 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 Report and adopts the findings, conclusions, and recommendations of the Magistrate Judge.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Further, for the reasons stated in the Final 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.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Page 2

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        2253(c)(2); Fed. R. App. P. 22(b); Miller-El v. Cockrell 537 U.S. 322 336 (2003).

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        DATED: May 2, 2017.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                /s/_________        JOSEPHINE L. STATON        UNITED STATES DISTRICT JUDGE

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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Negative Treatment
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