Opinion
CASE NO. C10-5047BHS.
March 31, 2010
ORDER ADOPTING REPORT AND RECOMMENDATION
This matter comes before the Court on the Report and Recommendation of the Honorable J. Richard Creatura, United States Magistrate Judge (Dkt. 6). The Court having considered the Report and Recommendation and the remaining record, and no objections by Plaintiff having been filed, does hereby find and order:
(1) The Court adopts the Report and Recommendation;
(2) The petition is DENIED because it is without merit and frivolous; and
(3) The Court DENIES a Certificate of Appealability.