Henry Benjamin Phillips v. Craig Koenig ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 HENRY BENJAMIN PHILLIPS, Case No. CV 20-07612-JWH (PD) 11 Petitioner, ORDER ACCEPTING REPORT 12 v. AND RECOMMENDATION OF 13 CRAIG KOENIG, Warden, UNITED STATES MAGISTRATE JUDGE AND 14 Respondent. DENYING CERTIFICATE OF 15 APPEALABILITY 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the 2 || records on file, and the Report and Recommendation of the United States 3 || Magistrate Judge. No objections to the Report and Recommendation have 4 || been filed. The Court accepts the Report and adopts it as its own findings and 5 || conclusions. 6 Further, the Court finds that Petitioner has not made a substantial 7 || showing of the denial of a constitutional right or that it erred in its procedural 8 || ruling and, therefore, a certificate of appealability is denied. See 28 U.S.C. 9 || § 2253(c)(2); Fed. R. App. P. 22(b); Miller-El v. Cockrell, 5387 U.S. 322, 336 10 || (2008); Slack v. McDaniel, 529 U.S. 473, 484 (2000). Accordingly, the Petition 11 || is dismissed without prejudice. 12 13 || DATED: February 16, 2021 ULM 15 16 UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28