Legend Brooks v. Raymond Madden

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

LEGEND BROOKS, Case No. CV 20-03509-PSG (PD) Petitioner, ORDER ACCEPTING REPORT AND ADOPTING, FINDINGS, v.

CONCLUSIONS, AND RECOMMENDATIONS OF RAYMOND MADDEN, Warden,

UNITED STATES

Respondent. MAGISTRATE JUDGE, AND DENYING CERTIFICATE OF APPEALABILITY

Pursuant to 28 U.S.C. § 636, the Court has reviewed the First Amended Petition, the records on file, and the Report and Recommendation of United States Magistrate Judge. No objections to the Report and Recommendation have been filed. The Court accepts the Magistrate Judge’s 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 will not issue in this action. See 28 U.S.C. § 2253(c)(2); Fed. R. App. P. 22(b); Miller-El v.

! | Cockrell, 587 U.S. 322, 336 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000).

DATED: March 30,, 2021.

A EK.

Ab

PHILIPS. GUTIERREZ...

CHIEF UNITED STATES DISTRICT JUDGE