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Huy Thai Nguyen v. Ron Barnes

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


August 13, 2012

HUY THAI NGUYEN, PETITIONER,
v.
RON BARNES, WARDEN, RESPONDENT.

The opinion of the court was delivered by: Hon. Cormac J. Carney United States District Judge

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. Petitioner did not file formal objections to the Report and Recommendation, though he briefly addresses the Magistrate Judge's findings in his filed Certificate of Appealability. Petitioner's arguments, however, reiterate those made in the Petition and Reply, and lack merit for the reasons set forth in the Report and Recommendation.

Accordingly, IT IS ORDERED THAT:

1. The Report and Recommendation is approved and accepted;

2. Judgment be entered denying the Petition and dismissing this action with prejudice; and

3. The Clerk serve copies of this Order on the parties.

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). The Court thus declines to issue a certificate of appealability.

20120813

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