Opinion
2:19-cv-03554-JLS (SK)
05-09-2022
EDGAR FARFAN, Petitioner, v. SCOTT FRAUENHIEM, Respondent.
ORDER (1) ACCEPTING REPORT AND RECOMMENDATION TO DENY FIRST AMENDED HABEAS PETITION AND (2) DENYING CERTIFICATE OF APPEALABILITY
HON. JOSEPHINE L. STATON, U.S. DISTRICT JUDGE.
Pursuant to 28 U.S.C. § 636, the Court has reviewed the First Amended Petition, any relevant records (if necessary), and the attached Report and Recommendation to deny the Petition. Having completed its de novo review of those portions of the Report and Recommendation to which Petitioner has objected, the Court concludes that nothing in the objections materially affects or alters the findings and conclusions set forth in the Report and Recommendation.
The Court therefore concurs with and accepts the findings and conclusions in the Report and Recommendation. The Court also finds, for the reasons stated in the Report and Recommendation, that Petitioner has not made a substantial showing of the denial of a constitutional right. See 28 U.S.C. § 2253(c)(2); Fed. R. App. P. 22(b).
THEREFORE, IT IS ORDERED that the First Amended Petition be DENIED, and that Judgment be entered dismissing this action with prejudice. IT IS FURTHER ORDERED that a certificate of appealability be DENIED.
IT IS SO ORDERED.