Case 5:20-cv-00678-RSWL-PD Document 33 Filed 04/13/22 Page 1 of 2 Page ID #:413

O 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 RUBEN ADRIAN ARRIOLA, Case No. 5:20-cv-00678-RSWL-PD

12 Petitioner, ORDER ACCEPTING REPORT

AND ADOPTING, FINDINGS,

13 v.

CONCLUSIONS, AND

14 RECOMMENDATIONS OF

UNITED STATES

15 WEST VALLEY DETENTION

CENTER, MAGISTRATE JUDGE, AND

16 DENYING CERTIFICATE OF Respondent. APPEALABILITY 17

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20 Pursuant to 28 U.S.C. § 636, the Court has reviewed the First Amended 21 Petition, the records on file, the Report and Recommendation of United States 22 Magistrate Judge (“Report”), the Objections to the Report, and the 23 Supplemental Statement of Decision. The Court has engaged in a de novo 24 review of those portions of the Report to which Petitioner has objected. The 25 Court accepts the Report and the Supplemental Statement of Decision and 26 adopts them as its own findings and conclusions. Accordingly, the First 27 Amended Petition is denied without prejudice. 28 Case 5:20-cv-00678-RSWL-PD Document 33 Filed 04/13/22 Page 2 of 2 Page ID #:414

1 Further, the Court finds that Petitioner has not made a substantial 2 showing of the denial of a constitutional right or that the court erred in its 3 procedural ruling and, therefore, a certificate of appealability will not issue in 4 this action. See 28 U.S.C. § 2253(c)(2); Fed. R. App. P. 22(b); Miller-El v. 5 Cockrell, 537 U.S. 322, 336 (2003); Slack v. McDaniel, 529 U.S. 473, 484 6 (2000). 7 8 DATED: April 13, 2022 9 10 /S/ RONALD S.W. LEW 11 R UO NN ITA EL DD S S T.W AT. ELE S W DI STRICT JUDGE

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