Case 5:22-cv-00709-ODW-PD Document 7 Filed 08/08/22 Page 1 of 2 Page ID #:87

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 Case No. 5:22-cv-00709-ODW (PD)

12 JOSEPH BURT TRIGEROS,

ORDER ACCEPTING REPORT

13 Petitioner,

AND RECOMMENDATION OF

14 v. UNITED STATES

MAGISTRATE JUDGE AND

15 CHARLES W. CALLAHAN, DENYING CERTIFICATE OF Warden1, 16 APPEALABILITY

17 Respondent. 18

19 20 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the 21 records on file, and the Report and Recommendation of the United States 22 Magistrate Judge. No objections to the Report and Recommendation have 23 been filed. The Court accepts the Report and adopts it as its own findings and 24 conclusions. Accordingly, the Petition is dismissed with prejudice. 25

26 27 1 Charles W. Callahan is the current warden of Chuckawalla Valley State Prison, where 28 Petitioner is housed, and is substituted in under Federal Rule of Civil Procedure 25(d) as the proper Respondent. See also R.2(a), Rules Governing § 2254 Cases in U.S. Dist. Cts. Case 5:22-cv-00709-ODW-PD Document 7 Filed 08/08/22 Page 2of2 Page ID #:88

I Further, the Court finds that Petitioner has not made a substantial 2 || showing of the denial of a constitutional right or that it erred in its procedural 3 || ruling and, therefore, a certificate of appealability is denied. See 28 U.S.C. 4 || § 2253(c)(2); Fed. R. App. P. 22(b); Miller-El v. Cockrell, 537 U.S. 322, 336 5 || (2003); Slack v. McDaniel, 529 U.S. 478, 484 (2000). 7| DATED: August 8, 2022 10 OTISD.WRIGHTIT □ UNITED STATES DISTRICT JUDGE

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