Opinion
3:19-CV-5064-BHS-DWC
07-12-2023
JEFFREY M. COVER, Petitioner, v. JEFFREY UTTECHT, Respondent.
ORDER ADOPTING REPORT AND RECOMMENDATION
Benjamin H. Settle, United States District Judge
This matter comes before the Court on the Report and Recommendation (“R&R”) of the Honorable David W. Christel, United States Magistrate Judge. Dkt. 64. The Court having considered the R&R and the remaining record, and no objections having been filed, does hereby find and order as follows:
(1) The R&R is ADOPTED.
(2) Ground 5 of Petitioner's amended federal habeas petition [Dkt. 48] is DENIED. As all grounds have been resolved, the Amended Petition is DENIED and this case is closed.
(3) The Court will NOT issue a Certificate of Appealability under 28 U.S.C. § 2253(c)(2), for the reasons articulated in the Report and Reccomendation.
(4) As Petitioner paid the filing fee, the Court finds any request to proceed in forma pauperis on appeal should be denied.