Opinion
ORDER OVERRULING PETITIONER'S OBJECTIONS ADOPTING REPORT & RECOMMENDATION DENYING THE HABEAS CORPUS PETITION DECLINING TO ISSUE A CERTIFICATE OF APPEALABILITY
VALERIE BAKER FAIRBANK, District Judge.
Pursuant to 28 U.S.C. § 636, the Court has reviewed the habeas corpus petition, the records on file, and the Report and Recommendation of the United States Magistrate Judge. Further, the Court has engaged in a de novo review of those portions of the Report to which petitioner has objected.
Petitioner's objection [Doc #51] is overruled.
The Report and Recommendation [Doc #43] is ADOPTED.
The habeas corpus petition is DENIED for lack of merit.
The Court DECLINES to issue a certificate of appealability.
This action is dismissed with prejudice.
As required by Fed.R.Civ.P. 58(a)(1), the Court will enter judgment by separate document.
See Jayne v. Sherman, 706 F.3d 994, 1009 (9th Cir. 2013). "To comply with Rule 58, an order must (1) be self-contained and separate from the opinion; (2) note the relief granted; and (3) omit or substantially omit the district court's reasons for disposing of the claims.'" Elkins v. Foulkes, 2014 WL 2615732, *14 n.4 (C.D. Cal. June 12, 2014) (quoting Daley v. U.S. Attorney's Office, 538 F.Appx. 142, 143 (3d Cir. 2013) (per curiam) (citation omitted)).
Said judgment will be final, but it will not be appealable until and unless petitioner obtains a certificate of appealability from the U.S. Court of Appeals for the Ninth Circuit.
, 133 S.Ct. 292 (2012). "Likewise, FED. R. APP. P. 22(b)(1) provides in pertinent part that if the district judge has denied the certificate, the applicant may request a circuit judge to issue the certificate.'" Elkins, 2014 WL 2615732, *14 n.5 (quoting Rule and citing Silva v. Woodford, 279 F.3d 825, 832 (9th Cir. 2002)). See Muth v. Fondren, 676 F.3d 815, 822 (9th Cir.) (citing 28 U.S.C. § 2253(c)(1)(B)), cert. denied, ___ U.S. ___