Wendell Ray Thomas v. Laura Eldrige

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

WENDELL RAY THOMAS, Case No. CV 20-2982-DSF (PD) Petitioner,

ORDER ACCEPTING v.

AMENDED REPORT AND ADOPTING, FINDINGS, CONCLUSIONS, AND LAURA ELDRIGE, RECOMMENDATIONS OF Respondent. UNITED STATES 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 Amended Report and Recommendation of United States Magistrate Judge (“Amended Report”), and Petitioner’s Objections to that Amended Report. The Court has engaged in a de novo review of those portions of the Amended Report to which Petitioner has objected. The Court accepts the Amended Report and adopts it as its own findings and conclusions. Accordingly, the Petition is dismissed with prejudice.

Further, for the reasons stated in the Amended Report and showing of the denial of a constitutional right 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. 322, 336 (2003).

IT IS SO ORDERED. > || DATED: May 10, 2021 | 3 ~ UNITED STATES DISTRICT JUDGE