UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
March 31, 2010
WILLIAM JOSEPH BOWEN, AKA WILLIAM J. BOWEN, AKA BILL BOWEN, PETITIONER,
IVAN CLAY/WARDEN, AND ATTORNEY GENERAL, RESPONDENTS.
The opinion of the court was delivered by: Jacqueline H. Nguyen United States District Judge
ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AND ORDER DENYING CERTIFICATE OF APPEALABILITY
Pursuant to 28 U.S.C. Section 636, the Court has made a de novo determination after having reviewed the petition and other papers along with the attached Report and Recommendation of United States Magistrate Judge Rosalyn M. Chapman, and having been advised by petitioner that he has no objection to the Report and Recommendation.
IT IS ORDERED that (1) the Report and Recommendation is approved and adopted; (2) the Report and Recommendation is adopted as the findings of fact and conclusions of law herein; and (3) Judgment shall be entered dismissing the petition for writ of habeas corpus and the action without prejudice.
This Court finds any appeal would not be taken in good faith, and petitioner has not made a substantial showing that he has been denied a constitutional right and that this Court was not correct in its procedural rulings, for the reasons set forth in the Report and Recommendation, and accordingly, a certificate of appealability should not issue under 28 U.S.C. § 2253(c)(2) and Fed. R. App. P. 22(b). Slack v. McDaniel, 529 U.S. 473, 483, 120 S. Ct. 1595, 1604, 146 L. Ed. 2d 542 (2000); Jones v. Smith, 231 F.3d 1227, 1231-32 (9th Cir. 2001).
IT IS FURTHER ORDERED that the Clerk shall serve copies of this Order, the Magistrate Judge's Report and Recommendation and Judgment by the United States mail on petitioner.
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