Saul Rodriquez Carlos v. Christian Pfeiffer

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 28 U.S.C. § 636, 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 28 U.S.C. § 2253(c)(2); Fed. R. App. P. 22(b); Miller-El v. Cockrell, 537 U.S. 322, 336 (2003).…