Hernandez

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 9 LARRY HERNANDEZ, Case No.: 16-cv-02460-AJB-LL

Petitioner,

ORDER:

v. (1) ADOPTING THE REPORT SCOTT KERNAN, AND RECOMMENDATION, (Doc. Respondent. No. 72);

15 (2) DENYING PETITIONER’S FIRST AMENDED PETITION FOR WRIT OF HABEAS CORPUS, (Doc. No. 7);

AND

18 (3) DENYING CERTIFICATE OF

APPEALABILITY

20 Presently before the Court is Petitioner Larry Hernandez’s (“Petitioner”) first amended petition for writ of habeas corpus (“Petition”) pursuant to 28 U.S.C. § 2254. (Doc. No. 7.) Respondent filed an answer to the Petition. (Doc. No. 15). Petitioner did not file a traverse. The Court referred the matter to the Honorable Linda Lopez, Magistrate Judge, who issued a Report and Recommendation (“R&R”) recommending the Court deny the Petition. (Doc. No. 72.) The parties were instructed to file written objections by April 19, 2019, and replies by May 10, 2019. (Id. at 29.) Federal Rule of…