Leon D. Hardin v. R.C. Johnson ( 2020 )

1 O 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 LEON D. HARDIN, Case No. CV 20-2685-CAS (PD) 12 Petitioner, ORDER ACCEPTING REPORT AND RECOMMENDATION OF 13 v. UNITED STATES MAGISTRATE 14 JUDGE AND DENYING R. C. JOHNSON, CERTIFICATE OF 15 Respondent. APPEALABILITY 16 17 18 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the 19 records on file, and the Report and Recommendation of United States 20 Magistrate Judge. No objections to the Report and Recommendation have 21 been filed. The Court accepts the Magistrate Judge’s Report and adopts it as 22 its own findings and conclusions. 23 Further, the Court finds that Petitioner has not made a substantial 24 showing of the denial of a constitutional right or that it erred in its procedural 25 ruling and, therefore, a certificate of appealability is denied. See 28 U.S.C. 26 § 2253(c)(2); Fed. R. App. P. 22(b); Miller-El v. Cockrell, 537 U.S. 322, 336 27 28 ! || (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000). Accordingly, the Petition 2 || is dismissed without prejudice. 3 |) DATED: December 18, 2020. . UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28