Opinion
CASE NO. C19-6023 BHS
01-08-2021
BRIAN JUDAH MICHALEK, Petitioner, v. DAVID FORTINO, Respondent.
ORDER ADOPTING REPORT AND RECOMMENDATION
This matter comes before the Court on the Report and Recommendation ("R&R") of the Honorable David W. Christel, United States Magistrate Judge. Dkt. 41. The Court having considered the R&R and the remaining record, and no objections having been filed, does hereby find and order as follows:
(1) The R&R is ADOPTED;
(2) Petitioner's petition for habeas corpus (Dkt. 22) is DENIED without prejudice;
(3) A certificate of appealability is DENIED; and
(4) This case is closed.
Dated this 8th day of January, 2021.
/s/_________
BENJAMIN H. SETTLE
United States District Judge