Jose Dolores Vargas v. Patwin Horn ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 JOSE DOLORES VARGAS, Case No. 2:23-cv-00201-MCS-PD 12 Petitioner, ORDER ACCEPTING REPORT AND ADOPTING FINDINGS, 13 v. CONCLUSIONS, AND 14 RECOMMENDATIONS OF PATWIN HORN, UNITED STATES 15 Respondent. MAGISTRATE JUDGE, AND 16 DENYING A CERTIFICATE OF APPEALABILITY 17 18 19 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the 20 records on file, and the Report and Recommendation of United States 21 Magistrate Judge (“Report”). No objections to the Report were filed. The Court accepts the Report and adopts it as its own findings and conclusions. 22 Accordingly, the Petition is denied with prejudice. 23 Further, the Court finds that Petitioner has not made a substantial 24 showing of the denial of a constitutional right or that the court erred in its 25 procedural ruling and, therefore, a certificate of appealability will not issue in 26 27 28 1 2 || this action. See 28 U.S.C. § 2253(c)(2); Fed. R. App. P. 22(b); Miller-El v. 3 || Cockrell, 537 U.S. 322, 336 (2003); Slack v. McDaniel, 529 U.S. 478, 484 4 |) (2000). 6 | DATED: January 31, 2024 7 MARK C. SCARSI UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28