Terrence King v. Robert Burton

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

TERRANCE KING, Case No. 5:21-cv-00088-JAK-PD Petitioner,

ORDER ACCEPTING REPORT v.

AND ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF ROBERT BURTON, Warden, UNITED STATE

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”), Petitioner’s Objections to the Report, and the Supplemental Statement of Decision. 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 the Supplemental Statement of Decision and adopts them as its own findings and conclusions. Accordingly, the Petition is dismissed with prejudice.

Further, for the reasons stated in the Report and the Supplemental Statement of Decision, 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. 3 P. 22(b); Miller-El v. Cockrell, 537 U.S. 322, 336 (2003).

DATED: _N_o_v_e_m__b_er_ _1_8,_ 2_0_2_1_ ______________________________________ JOHN A. KRONSTADT

UNITED STATES DISTRICT JUDGE