Daniel Calderon v. Pollard

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

DANIEL CALDERON, Case No. 5:20-cv-01960-RGK-PD Petitioner, ORDER ACCEPTING REPORT AND ADOPTING, FINDINGS, v.

CONCLUSIONS, AND

RECOMMENDATIONS OF MARCUS POLLARD, Warden,

UNITED STATES

Respondent. MAGISTRATE JUDGE, AND DENYING CERTIFICATE OF APPEALABILITY

Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the records on file, the Report and Recommendation of United States Magistrate Judge (“Report”), and Petitioner’s Objections to that Report. The Court has engaged in a de novo review of those portions of the Report to which Petitioner has objected. The Court accepts the Report and adopts it as its own findings and conclusions.

Further, the Court finds that Petitioner has not made a substantial showing of the denial of a constitutional right or that the court erred in its procedural ruling and, therefore, a certificate of appealability is denied. See 28 U.S.C. § 2253(c)(2); Fed. R. App. P. 22(b); Miller-El v. Cockrell, 537 U.S. 1 || 322, 336 (2008); Slack v. McDaniel, 529 U.S. 473, 484 (2000). Accordingly, the Petition is dismissed with prejudice.

DATED: February 28, 2021.

“9 Resrgnuas ° UNITED SFATES DISTRICT JUDGE