Opinion
2:21-cv-05735-MWF-PD
12-09-2021
CHRISTOPHER GRIMES, Petitioner, v. BRIAN KIBLER, Warden, Respondent.
AMENDED ORDER ACCEPTING REPORT AND ADOPTING, FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE, AND DENYING CERTIFICATE OF APPEALABILITY
MICHAEL W. FITZGERALD 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”), the Objections to the Report, the video lodged by Petitioner, and the Supplemental Statement of Decision. The Court has engaged in a de novo review of those portions of the Report to which Petitioner has objected. Having viewed the video lodged by Petitioner, the Court concludes that it does not show that any finding of fact made by the California Court of Appeal regarding the events depicted in the video was erroneous. The Court accepts the Report and the Supplemental Statement of Decision and adopts them as its own findings and conclusions.
Further, the Court finds that Petitioner has not made a substantial showing of the denial of a constitutional right or that the court erred in its procedural ruling and, therefore, a certificate of appealability will not issue in this action. See 28 U.S.C. § 2253(c)(2); Fed. R. App. P. 22(b); Miller-El v. Cockrell, 537 U.S. 322, 336 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000). Accordingly, the Petition is denied with prejudice.