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Theodis Nathaniel Brown v. Certificate of Larry Small

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


March 14, 2011

THEODIS NATHANIEL BROWN
PETITIONER,
v.
CERTIFICATE OF LARRY SMALL, WARDEN ,
RESPONDENT.

The opinion of the court was delivered by: Hon. Jeffrey T. Miller United States District Judge

ORDER ADOPTING REPORT AND RECOMMENDATION;DENYING APPEALABILITY

Having carefully considered Magistrate Judge Battaglia's thorough and thoughtful Report and Recommendation ("R & R") regarding the denial of the petition for writ of habeas corpus, the record before the court, the absence of any objections to the R & R, and applicable authorities, the court adopts the R & R in its entirety.

Upon review of the record, the court also concludes that Petitioner fails to make a substantial showing of the denial of a constitutional right. Accordingly, any request for a certificate of appealability is denied. See 28 U.S.C. §2253(c)(2)

In sum, the R & R is adopted in its entirety and the petition for writ of habeas corpus is denied. The Clerk of Court is instructed to close the file.

IT IS SO ORDERED.

cc: All parties

20110314

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