Opinion
3:23-CV-5140-BHS-DWC
06-27-2023
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. 13. 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) Petitioner's federal habeas petition under 28 U.S.C. § 2254 [Dkt. 6] is DENIED.
(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. Further, the Court finds any request to proceed in forma pauperis on appeal is denied.