Joseph Flaunders v. Deborah Asuncion ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 JOSEPH FLAUNDERS, CASE NO. CV 18-211-JLS (PJW) 12 Petitioner, ORDER ACCEPTING REPORT AND ADOPTING FINDINGS, 13 CONCLUSIONS, AND v. RECOMMENDATIONS OF 14 UNITED STATES DEBORAH ASUNCION, Warden, MAGISTRATE JUDGE, AND 15 DENYING CERTIFICATE OF Respondent. APPEALABILITY 16 17 18 Pursuant to 28 U.S.C. Section 636, the Court has reviewed the Petition, 19 records on file, and the Report and Recommendation of the United States 20 Magistrate Judge. Further, the Court has engaged in a de novo review of 21 those portions of the Report to which Petitioner has objected. The Court 22 accepts the Report and adopts the findings, conclusions, and 23 recommendations of the Magistrate Judge. 24 Further, for the reasons stated in the Report and Recommendation, 25 the Court finds that Petitioner has not made a substantial showing of the 26 denial of a constitutional right or that the court erred in its procedural ruling 27 and, therefore, a certificate of appealability is denied. See 28 U.S.C. 28 1 |§ 2253(c)(2); Fed. R. App. P. 22(b); Miller-El v. Cockrell, 537 U.S. 322, 336 2 |(2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000). 3 4 5 | DATED: July 1, 2020 6 SNagl Fh 7 g HON. JOSEPHINE L. STATON UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28