1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA

10 HENRY BENJAMIN PHILLIPS, Case No. CV 20-07612-JWH (PD)

11 Petitioner, ORDER ACCEPTING REPORT 12 v. AND RECOMMENDATION OF 13 CRAIG KOENIG, Warden, UNITED STATES MAGISTRATE JUDGE AND 14 Respondent. DENYING CERTIFICATE OF 15 APPEALABILITY 16

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, the Court has reviewed the Petition, the 2 || records on file, and the Report and Recommendation of the United States 3 || Magistrate Judge. No objections to the Report and Recommendation have 4 || been filed. The Court accepts the Report and adopts it as its own findings and 5 || conclusions. 6 Further, the Court finds that Petitioner has not made a substantial 7 || showing of the denial of a constitutional right or that it erred in its procedural 8 || ruling and, therefore, a certificate of appealability is denied. See 28 U.S.C. 9 || § 2253(c)(2); Fed. R. App. P. 22(b); Miller-El v. Cockrell,

, 336 10 || (2008); Slack v. McDaniel,

(2000). Accordingly, the Petition 11 || is dismissed without prejudice. 12 13 || DATED: February 16, 2021 ULM 15 16 UNITED STATES DISTRICT JUDGE

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