Opinion
Case No. 5:18-cv-01591-SVW (SK)
10-17-2019
MICHAEL ANTHONY ALEMAN, Petitioner, v. WARREN L. MONTGOMERY, Respondent.
ORDER (1) ACCEPTING REPORT AND RECOMMENDATION TO DENY HABEAS PETITION AND (2) DENYING CERTIFICATE OF APPEALABILITY
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the relevant records, and the attached Report and Recommendation to deny the Petition. The time for objections has passed with none filed. The Court 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 Petition be DENIED, and that Judgment be entered dismissing this action with prejudice. IT IS FURTHER ORDERED that a certificate of appealability be DENIED. DATED: October 17, 2019
/s/_________
HON. STEPHEN V. WILSON
U.S. DISTRICT JUDGE