Ditto

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DAVID PATRICK DITTO, Case No.: 15cv2756 JAH (PCL)

Petitioner,

ORDER ADOPTING THE

v. MAGISTRATE JUDGE’S REPORT

AND RECOMMENDATION AND

JEFFREY MACOMBER,

DENYING PETITION FOR WRIT

Respondent. OF HABEAS CORPUS AND

DENYING CERTIFICATE OF

APPEALABILITY

17 INTRODUCTION Pending before the Court is Petitioner David Ditto’s Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. Respondent filed an answer and Petitioner filed a traverse. Pursuant to 28 U.S.C. § 636(b)(1), the Honorable Peter C. Lewis, United States Magistrate Judge, submitted a Report and Recommendation (“Report”) to this Court recommending that this Court deny the petition. Petitioner filed objections to the Report. Respondent did not file objections or a reply to Petitioner’s objections. After careful

26 1 Jeffrey Beard is no longer the Secretary of the California Department of…