Opinion
C22-5897-MJP
06-13-2023
JOSE G. BARAJAS GOMEZ, Petitioner, v. DAN WHITE, Respondent.
ORDER DISMISSING FEDERAL HABEAS ACTION
MARSHA J. PECHMAN, UNITED STATES DISTRICT JUDGE
The Court, having reviewed Petitioner's petition for writ of habeas corpus, Respondent's answer to the petition, Petitioner's response to Respondent's answer, the Report and Recommendation of Michelle L. Peterson, United States Magistrate Judge, and the remaining record, hereby finds and ORDERS:
(1) The Report and Recommendation is approved and adopted.
(2) Petitioner's petition for writ of habeas corpus (dkt. # 5) is DENIED, and this action is DISMISSED with prejudice.
(3) In accordance with Rule 11 of the Rules Governing Section 2254 Cases in the United States District Courts, a certificate of appealability is DENIED.
(4) The Clerk is directed to send copies of this Order to Petitioner, to counsel for Respondent, and to the Honorable Michelle L. Peterson.