Covello

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 9 KEVIN TYRONE FLEMINGS, Case No.: 19cv944-JAH (AGS)

Petitioner,

ORDER ADOPTING THE

v. MAGISTRATE JUDGE’S REPORT

AND RECOMMENDATION;

COVELLO, Warden,

DISMISSING PETITION FOR WRIT

Respondent. OF HABEAS CORPUS; AND

DENYING CERTIFICATE OF

APPEALABILITY

16 INTRODUCTION Petitioner Kevin Tyrone Flemings (“Petitioner”), a state prisoner proceeding pro se, filed a writ of habeas corpus (“Petitioner”) under 28 U.S.C. § 2254. Doc. No. 9. Respondent Covello (“Respondent”) filed an answer and supporting memorandum of points and authorities. Doc. No. 15. The case was referred to United States Magistrate Judge Andrew G. Schopler for a Report and Recommendation (“Report”) pursuant to U.S.C. § 636(b)(1). Doc. No. 17. Judge Schopler’s Report recommended dismissing the petition in its entirety, and denying the issuance of a Certificate of Appealability. Petitioner…