Case 5:21-cv-01402-FMO-PD Document 13 Filed 04/12/22 Page 1 of 2 Page ID #:2201

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 CHRISTOPHER ANDREW REYES, Case No. 5:21-cv-01402-FMO-PD

12 Petitioner, ORDER ACCEPTING REPORT

AND ADOPTING, FINDINGS,

13 v.

CONCLUSIONS, AND

14 RECOMMENDATIONS OF KATHLEEN ALLISON, Sec. Cal.

UNITED STATES

15 Dept. of Corrs.,

MAGISTRATE JUDGE, AND

16 Respondent. DENYING CERTIFICATE OF

APPEALABILITY

17

18

19 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the 20 records on file, and the Report and Recommendation of United States 21 Magistrate Judge (“Report”). No Objections to the Report have been filed. 22 The Court accepts the Report and adopts it as its own findings and 23 conclusions. Accordingly, the Petition is denied with prejudice. 24 Further, the Court finds that Petitioner has not made a substantial 25 showing of the denial of a constitutional right or that the court erred in its 26 procedural ruling and, therefore, a certificate of appealability will not issue in 27 this action. See 28 U.S.C. § 2253(c)(2); Fed. R. App. P. 22(b); Miller-El v. 28 Case 5:21-cv-01402-FMO-PD Document 13 Filed 04/12/22 Page 2 of 2 Page ID #:2202

1 Cockrell, 537 U.S. 322, 336 (2003); Slack v. McDaniel, 529 U.S. 473, 484 2 (2000). 3 4 DATED: April 12, 2022 5 6 /s/ 7 FERNANDO M. OLGUIN

UNITED STATES DISTRICT JUDGE

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