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Jurisdiction: California Central District Court
Decision Date: 1/22/2013

STATES

                                                                                                                                                                                                                                                                                                                                                                                                                            FEDERAL

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Lemieux v. McEwen Lemieux v. McEwen (C.D. Cal., 2013)

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        STEPHEN JOSEPH LEMIEUX, Petitioner,
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        v.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        L. S. MCEWEN, Warden, Respondent.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Case No. ED CV 11-1922 JAK (JCG)

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        DATED: January 22, 2013

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        STEPHEN JOSEPH LEMIEUX, Petitioner, v. L. S. MCEWEN, Warden, Respondent.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Case No. ED CV 11-1922 JAK (JCG)

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        DATED: January 22, 2013

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        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 Petition, the Magistrate Judge's Report and Recommendation, and the remaining record. No objections to the Report and Recommendation have been filed.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Accordingly, IT IS ORDERED THAT:

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                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

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Page 2

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        of appealability.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                _________________________________        HON. JOHN A. KRONSTADT        UNITED STATES DISTRICT JUDGE

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