Opinion
2:22-cv-09110-SVW-MAA
02-01-2024
MICHAEL ALLEN, Petitioner, v. FIDENCIO N. GUZMAN, Respondent.
ORDER ACCEPTING AMENDED REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
HONORABLE STEPHEN V. WILSON UNITED STATES DISTRICT JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the First Amended Petition (ECF No. 8), Respondent's Motion to Vacate Order Requiring Response (“Motion”) (ECF No. 10), Petitioner's Opposition to the Motion (ECF No. 16), Petitioner's Application for a Certificate of Appealability (“Application”) (ECF No. 21), Respondent's Opposition to the Application (“Opposition”) (ECF No. 25), Petitioner's Reply to the Opposition (ECF No. 26), the other records on file herein, and the Amended Report and Recommendation of the United States Magistrate Judge (ECF No. 28).
The Court also has reviewed Petitioner's objections to the Amended Report and Recommendation, filed on November 29, 2023 (“Objections”). (ECF No. 29.) As required by Federal Rule of Civil Procedure 72(b)(3), the Court has engaged in de novo review of the portions of the Amended Report and Recommendation to which Petitioner specifically has objected. The Objections lack merit for the reasons stated in the Amended Report and Recommendation. The Court finds no defect of law, fact, or logic in the Report and Recommendation. The Court concurs with and accepts the findings, conclusions, and recommendations of the United States Magistrate Judge, and overrules the Objections.
IT THEREFORE IS ORDERED that (1) the Amended Report and Recommendation of the Magistrate Judge is accepted; (2) Respondent's Motion (ECF No. 10) is GRANTED; (3) Petitioner's Application (ECF No. 21) is DENIED; and (4) Judgment shall be entered denying the First Amended Petition and dismissing this action without prejudice.