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

9 10 DEVIN PORTER, Case No. 5:22-cv-02235-MWC-SSC 11 Petitioner, ORDER ACCEPTING 12 v. FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF 13 R.C. JOHNSON, Warden, UNITED STATES 14 Respondent. MAGISTRATE JUDGE AND DENYING CERTIFICATE OF 15 APPEALABILITY 16 17 18 19 Pursuant to

the Court has reviewed the second 20 amended petition, all of the records herein, and the Report and 21 Recommendation of United States Magistrate Judge to which no 22 objections were filed. The Court accepts the findings and conclusions of 23 the Magistrate Judge in the Report and Recommendation. 24 IT IS ORDERED that judgment be entered denying the second 25 amended petition and dismissing this action with prejudice. 26 Further, the Court finds that Petitioner has not made a 27 substantial showing of the denial of a constitutional right or that the 1 | appealability will not issue in this action. See

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

(20038); 3 | Slack v. McDaniel,

(2000). yan w Bue 5 | DATED: May 19, 2025 6 HONORABLE MICHELLE WILLIAMS COURT UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28