Opinion
Case No. SACV 17-1377 PA (SS)
05-14-2018
ABDULLAH WAHIDI, Petitioner, v. JOSIE GASTELO, Warden, Respondent.
ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, all the records and files herein, and the Report and Recommendation of the United States Magistrate Judge. Petitioner filed a request for a certificate of appealability (Doc. No. 14), in which he indicated that he has declined to file Objections. However, the request for a certificate of appealability raises objections to the conclusions reached in the Report and Recommendation. Therefore, the Court will construe the arguments in Petitioner's request for a certificate of appealability in the alternative as Objections to the Report and Recommendation. After having made a de novo determination of the portions of the Report and Recommendation to which objections were directed, the Court concurs with and accepts the findings and conclusions of the Magistrate Judge.
IT IS ORDERED that the Petition is denied and Judgment shall be entered dismissing this action with prejudice.
IT IS FURTHER ORDERED that the Clerk serve copies of this Order and the Judgment herein on counsel for Petitioner and on counsel for Respondent.
LET JUDGMENT BE ENTERED ACCORDINGLY. DATED: May 14, 2018
/s/_________
PERCY ANDERSON
UNITED STATES DISTRICT JUDGE