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4 5 6 UNITED STATES DISTRICT COURT 7 CENTRAL DISTRICT OF CALIFORNIA 8

9 10 HORACIO CRUZ AMAYA, also Case No. 2:23-cv-00559-WLH-SSC 11 known as AARON ROJAS, ORDER ACCEPTING 12 Petitioner, FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF 13 v. UNITED STATES 14 L.A. MARTINEZ, MAGISTRATE JUDGE AND DENYING CERTIFICATE OF 15 Respondent. APPEALABILITY 16

17 Pursuant to

the Court has reviewed the Petition, 18 all of the records herein, the attached Report and Recommendation of 19 United States Magistrate Judge, and Petitioner’s Objections to the 20 Report and Recommendation. The Court has engaged in a de novo 21 review of those portions of the Report and Recommendation to which 22 Petitioner has objected. The Court accepts the findings and conclusions 23 of the Magistrate Judge in the Report and Recommendation. 24 IT IS ORDERED that Judgment be entered denying the petition 25 and dismissing this action with prejudice. 26 Further, the Court finds that Petitioner has not made a 27 1 | court erred in its procedural ruling and, therefore, a certificate of 2 | appealability will not issue in this action. See

(c)(2); 3 | Fed. R. App. P. 22(b); Miller-El v. Cockrell,

(2003); 4 | Slack v. McDaniel,

(2000). 5 6 | DATED: 11/29/2023 4] ag. — St 7 HON. WESLEY L. HSU 3 UNITED STATES DISTRICT JUDGE 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28