UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

SAUL RODRIGUEZ CARLOS, CV 23-0360 DSF (JPR) Petitioner, ORDER ACCEPTING REPORT v. AND RECOMMENDATION OF UNITED STATES CHRISTIAN PFEIFFER, MAGISTRATE JUDGE Warden, Respondent.

Pursuant to

, the Court has reviewed the Petition (Dkt. 1), the Motion to Dismiss the Petition (Dkt. 14), Petitioner’s Opposition to the Motion to Dismiss (Dkt. 18), the Magistrate Judge’s Order Granting the Motion to Dismiss with Leave to Amend (Dkt. 19), the Report and Recommendation of the Magistrate Judge (“Report”) recommending the Court dismiss the Petition for failure to prosecute and failure to state a claim (Dkt. 21), and other relevant records on file. Petitioner did not file Objections to the Report but instead simply refiled an identical copy of his Opposition to the Motion to Dismiss. (Dkt. 22). For the reasons stated in the Report the Petition is dismissed for failure to prosecute and failure to state a claim, and a certificate of appealability (“COA”) is denied. See

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

(2003). Accordingly, it is ordered that: 1. The Report is ACCEPTED. 2. Judgment shall be entered DISMISSING this action and DENYING a COA. 3. The Clerk serve this Order, the Report, and Judgment on all counsel or parties of record.

IT IS SO ORDERED. af Date: June 25, 2024 Sencar eee AE ti eee Er Dale S. Fischer United States District Judge