Gastello

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DANIEL ACEDO, No. 1:19-cv-00070-DAD-SKO (HC) Plaintiff, v. ORDER DENYING PLAINTIFF’S MOTION

FOR A CERTIFICATE APPEALABILITY

JOSIE GASTELLO, Warden, (Doc. No. 23) Defendant.

16 Plaintiff Daniel Acedo is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On August 29, 2019, the court adopted in full the June 3, 2019 findings and recommendations issued by the assigned magistrate judge. (Doc. Nos. 17, 19.) In that order adopting the findings and recommendations, the court denied Acedo’s petition for federal habeas relief due to his failure to exhaust his claims and because his petition, in any event, did not state a cognizable claim for federal habeas relief. (Doc. No. 19 at 1–2.) The court also declined to issue a certificate of…