1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 CHARLES JOSEPH LEE, JR., ) CASE NO. CV 19-9196-PA (PJW) ) 11 Petitioner, ) ORDER ACCEPTING REPORT AND ) ADOPTING FINDINGS, CONCLUSIONS, 12 v. ) AND RECOMMENDATIONS OF UNITED ) STATES MAGISTRATE JUDGE, AND 13 CYNTHIA TAMPKINS, WARDEN, ) DENYING CERTIFICATE OF ) APPEALABILITY 14 Respondent. ) ) 15 16 Pursuant to

, the Court has reviewed the 17 Petition, records on file, and the Report and Recommendation of the 18 United States Magistrate Judge. Further, the Court has engaged in a 19 de novo review of those portions of the Report to which Petitioner has 20 objected. The Court accepts the Report and adopts the findings, 21 conclusions, and recommendations of the Magistrate Judge. 22 Further, for the reasons stated in the Report and 23 Recommendation, the Court finds that Petitioner has not made a 24 substantial showing of the denial of a constitutional right or that 25 the court erred in its procedural ruling and, therefore, a certificate 26 of appealability is denied. See

(c)(2); Fed. R. App. 27 28

(b); Miller-El v. Cockrell,

(2003); Slack v. 2 McDaniel,

(2000). 3 4 DATED: June 30, 2020 5 6

7 PERCY ANDERSON UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 O:\Review\200630 194 CASE Order accep r&r.wpd 2