Case 5:17-cv-00439-JWH-SK Document 72 Filed 02/13/23 Page 1 of 2 Page ID #:3987

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

ALFREDO FELIX, Case No. 5:17-cv-00439-JWH (SK)

Petitioner, ORDER (1) ACCEPTING REPORT AND RECOMMENDATION TO v. DENY FIRST AMENDED ERIC ARNOLD, Warden, PETITION AND (2) DENYING CERTIFICATE OF Respondent. APPEALABILITY Case 5:17-cv-00439-JWH-SK Document 72 Filed 02/13/23 Page2of2 Page ID #:3988

Pursuant to

, the Court has reviewed the attached Report and Recommendation to deny the First Amended Petition, any pertinent records, and Petitioner’s objections. None of those objections materially alters or affects the findings and conclusions in the Report and Recommendation. The Court therefore concurs with and ACCEPTS the Report and Recommendation to deny the First Amended Petition. The Court also finds, for the reasons stated in the Report and Recommendation, that Petitioner has not made a substantial showing of the denial of a constitutional right. See

(c)(2); Fed. R. App. P. 22(b); Slack v. McDaniel,

(2000). Therefore, it is hereby ORDERED as follows: 1. The First Amended Petition is DENIED. 2. Judgment shall be entered DISMISSING this action with prejudice. 3. <Acertificate of appealability is DENIED. IT IS SO ORDERED.

DATED: February 13, 2023 MVM HON.JOHN W. HOLCOMB U.S. DISTRICT JUDGE