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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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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

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APPEALABILITY

16 17 18 19 Pursuant to 28 U.S.C. § 636 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 28 U.S.C. § 22538(c)(2); 2 | Fed. R. App. P. 22(b); Miller-El v. Cockrell, 537 U.S. 322, 336 (20038); 3 | Slack v. McDaniel, 529 U.S. 473, 484 (2000). yan w Bue 5 | DATED: May 19, 2025 6 HONORABLE MICHELLE WILLIAMS COURT

UNITED STATES DISTRICT JUDGE

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