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Geraldo Ojito v. Ken Clark

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


October 25, 2011

GERALDO OJITO
PETITIONER,
v.
KEN CLARK, WARDEN ,
RESPONDENT.

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

ORDER ADOPTING REPORT AND RECOMMENDATION; DENYING CERTIFICATE OF APPEALABILITY

Having carefully considered Magistrate Judge Porter'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 and denies the petition for writ of habeas corpus.

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 court adopts the R & R in its entirety, denies the petition for writ of habeas corpus, denies a certificate of appealability and instructs the Clerk of Court to close the file.

IT IS SO ORDERED.

cc: All parties

20111025

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