Opinion
Civil Action 5:21-CV-00078
03-17-2022
JUAN JOSE LOPEZ, Petitioner, v. BOBBY LUMPKIN, Respondent.
ORDER
Diana Saldaña, United States District Judge.
Pending is the Magistrate Judge's Report and Recommendation (Dkt. 14) recommending that Petitioner Juan Jose Lopez's writ of habeas corpus (Dkt. 1) be denied. The parties have been duly noticed regarding the filing of objections, and the applicable 14-day timeframe for the filing of objections has now lapsed. Noting that no objections have been filed, and having now reviewed the matter as provided by 28 U.S.C. § 636, the Court concludes that the Report and Recommendation should be and is hereby ACCEPTED. Petitioner's writ of habeas corpus (Dkt. 1) is DENIED and this case is DISMISSED with prejudice.
Because the Court finds that Petitioner makes no substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253(c)(2). The Court certifies that any appeal from this decision would not be taken in good faith and therefore should not be taken in forma pauperis. See 28 U.S.C. § 1915(a)(3); Fed. R. App. P. 24(a)(3).
The Clerk of Court is DIRECTED to mail Petitioner a copy of this Order by any receipted means at the address indicated in his most recent filing. The Clerk is further DIRECTED to TERMINATE this case.
IT IS SO ORDERED.