Fink

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DAVID FINK, Case No. 21-cv-969-MMA (RBM)

Petitioner,

ORDER ADOPTING REPORT AND

v. RECOMMENDATION OF UNITED

STATES MAGISTRATE JUDGE;

STATE OF CALIFORNIA, Respondent. [Doc. No. 9]

GRANTING RESPONDENT’S MOTION TO DISMISS; AND

[Doc. No. 6]

DECLINING TO ISSUE

CERTIFICATE OF APPEALABILITY 22 On May 21, 2021, David Fink (“Petitioner”), a state prisoner proceeding pro se, filed a habeas corpus petition pursuant to 28 U.S.C. § 2254 challenging his state court conviction. See Doc. No. 1. The Court dismissed the case, see Doc. No. 2, and on June 7, 2021, Petitioner filed an amended petition, see Doc. No. 3 (the “Petition”). Respondent filed a motion to dismiss the Petition, which Petitioner opposed. See Doc.…