Case 2:21-cv-07984-JGB-PD Document 15 Filed 05/03/22 Page 1 of 2 Page ID #:3402

1 O 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 KOBE KINCHERLOW, Case No. 2:21-cv-07984-JGB-PD

12 Petitioner, ORDER ACCEPTING REPORT

AND ADOPTING, FINDINGS,

13 v.

CONCLUSIONS, AND

14 RECOMMENDATIONS OF

WARREN L. MONTGOMERY,

UNITED STATES

15 Warden,

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, the Report and Recommendation of United States Magistrate 21 Judge (“Report”), and the Objections to the Report. The Court has engaged in 22 a de novo review of those portions of the Report to which Petitioner has 23 objected. The Court accepts the Report and adopts it as its own findings and 24 conclusions. 25 Further, the Court finds that Petitioner has not made a substantial 26 showing of the denial of a constitutional right or that the court erred in its 27 procedural ruling and, therefore, a certificate of appealability will not issue in 28 Case 2:21-cv-07984-JGB-PD Document15 Filed 05/03/22 Page 2of2 Page ID #:3403

1 || this action. See 28 U.S.C. § 2253(c)(2); Fed. R. App. P. 22(b); Miller-El v. 2 || Cockrell, 537 U.S. 322, 336 (2003): Slack v. McDaniel, 529 U.S. 473, 484 3 | (2000). Accordingly, the Petition is denied with prejudice. 5 || DATED: May 3, 2022

° UNITED STATES DISTRICT JUDGE 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28