Opinion
Case No. 2:18-03376 JGB (ADS)
08-21-2020
ROBERT W. BARROCA, Petitioner, v. JEFFERSON B. SESSIONS, III, et al., Respondents.
ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AND DISMISSING CASE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition for Writ of Habeas Corpus [Dkt. No. 1], Respondent's Answer, Petitioner's Reply, and all the records and related filings herein, along with the Report and Recommendation of the assigned United States Magistrate Judge dated May 18, 2020 [Dkt. No. 58], and Petitioner's Objections to United States Magistrate's Report and Recommendation [Dkt. No. 61].
The Court has engaged in a de novo review of those portions of the Report and Recommendation to which objections have been made and agrees with the Magistrate Judge's findings and conclusions, except as to the denial of a certificate of appealability. A certificate of appealability is not required by a person in federal custody pursuing a § 2241 petition. See Murth v. Fondren, 676 F.3d 815, 818 (9th Cir. 2012).
Accordingly, IT IS HEREBY ORDERED:
1. The United States Magistrate Judge's Report and Recommendation [Dkt. No. 58] is accepted;DATED: August 21, 2020
2. The Petition is dismissed with prejudice; and
3. Judgment is to be entered accordingly.
/s/_________
THE HONORABLE JESUS G. BERNAL
United States District Judge