Durian Germaine Gray v. Christian Pfeiffer

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

DURJAN GERMAINE GRAY, Case No. CV 20-490-JAK (PD) Petitioner,

ORDER ACCEPTING REPORT v.

AND ADOPTING FINDINGS, CHRISTIAN PFEIFFER, Warden, CONCLUSIONS, AND

RECOMMENDATIONS OF

Respondent. UNITED STATE

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”), Petitioner’s Objections to the Report, and Respondent’s Reply to the Objections. 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. Accordingly, the Petition is dismissed with prejudice.

Further, for the reasons stated in the Report, the Court finds that Petitioner has not made a substantial 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 (2008).

41 DATED: June 11, 2021

C) Ww. hp JOHN A. KRONSTADT UNITED STATES DISTRICT JUDGE