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ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636 , the Court has reviewed the Petition for Writ of Ha-beas Corpus (“Petition”), the records and files herein, and the Report and Recommendation of the United States Magistrate Judge (“Report”).

IT IS ORDERED that: (1) the Court accepts the findings and recommendations of the Magistrate Judge, and (2) the Court declines to issue a Certificate of Appeala-bility (“COA”).

REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

This Report and Recommendation is submitted to the Honorable Michael W. Fitzgerald, United States District Judge, pursuant to the provisions of 28 U.S.C. *1175 § 636 and General Order 05-07 of the United States District Court for the Central District of California.

INTRODUCTION

On October 25, 2013, Tracy Nelson (hereinafter referred to as “Petitioner”) filed a “Petition for Writ of Habeas Corpus by a Person in State Custody” pursuant to 28 U.S.C. § 2254 (“Petition”) in the United States District Court for the Central District of California. On February 24, 2014, Respondent filed a “Motion to Dismiss Petition for Writ of Habeas Corpus; Memorandum…