Davis

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 KELLY BEAU DAVIS, Case No.: 22cv951-LL-DDL

Petitioner,

ORDER ADOPTING THE

v. MAGISTRATE JUDGE’S REPORT

AND RECOMMENDATION

RAYMOND MADDEN,

Respondent. [ECF Nos. 1, 7, 17] 16 Before the Court is Petitioner Kelly Beau Davis’s Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 [ECF No 1], as well as Respondent Raymond Madden’s Motion to Dismiss the Petition [ECF No. 7]. Also before the Court is the Report and Recommendation (“R&R”) issued by United States Magistrate Judge Mitchell D. Dembin1 [ECF No. 17], recommending that the Court grant Respondent’s Motion to Dismiss the Petition, and Petitioner’s objections to the Report and Recommendation [ECF No. 18]. For the reasons discussed below, the Court ADOPTS the R&R IN ITS ENTIRETY, GRANTS Respondent’s Motion to dismiss, DISMISSES the Petition, and DECLINES to issue a certificate of appealability. 26 27 1 On May 1, 2023,…