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Jurisdiction: California Central District Court
Decision Date: 11/11/2014

STATES

                                                                                                                                                                                                                                                                                                                                                                                                                            FEDERAL

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Smith v. Adams Smith v. Adams (C.D. Cal., 2014)

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        ROBERT LEWIS SMITH, Petitioner,
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        v.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        DERRAL G. ADAMS, WARDEN, Respondent.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        CASE NO. EDCV 10-1119-GW (PJW)

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        November 11, 2014

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        ROBERT LEWIS SMITH, Petitioner, v. DERRAL G. ADAMS, WARDEN, Respondent.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        CASE NO. EDCV 10-1119-GW (PJW)

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        November 11, 2014

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        ORDER ACCEPTING AMENDED FINAL REPORT AND RECOMMENDATION 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 Amended 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 findings and recommendation of the Magistrate Judge.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Further, for the reasons stated in the Amended Final Report and Recommendation, the Court finds that Petitioner has not made a substantial showing of the denial of a constitutional right or that it erred in its procedural ruling and, therefore, a certificate of appealability is denied. See 28 U.S.C. § 2253(c)(2); Fed. R. App. P.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Page 2

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        22(b); Miller-El v. Cockrell, 537 U.S. 322, 336 (2003); Slack v. McDaniel 529 U.S. 473 484 (2000).

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        IT IS SO ORDERED.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        DATED: November 11, 2014.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                /s/_________        GEORGE H. WU        UNITED STATES DISTRICT JUDGE

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