Opinion
CV 20-490-JAK (PD)
06-11-2021
DURJAN GERMAINE GRAY, Petitioner, v. CHRISTIAN PFEIFFER, Warden, Respondent.
ORDER ACCEPTING REPORT AND ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATE MAGISTRATE JUDGE, AND DENYING CERTIFICATE OF APPEALABILITY
JOHN A. KRONSTADT, UNITED STATES DISTRICT JUDGE.
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the records on file, the Report and Recommendation of United States Magistrate Judge (“Report”), Petitioner's Objections to the Report, and Respondent's Reply to the Objections. The Court has engaged in a de novo review of those portions of the Report to which Petitioner has objected. The Court accepts the Report and adopts it as its own findings and conclusions. Accordingly, the Petition is dismissed with prejudice.
Further, for the reasons stated in the Report, the Court finds that Petitioner has not made a substantial showing of the denial of a constitutional right, and therefore a certificate of appealability is denied. See 28 U.S.C. § 2253(c)(2); Fed. R. App. P. 22(b); Miller-El v. Cockrell, 537 U.S. 322, 336 (2003).