Opinion
Adopting the Report and Recommendation; Denying the Habeas Petition for Lack of Merit; Directing Entry of Final Document
ORDER
VALERIE BAKER FAIRBANK, Senior District Judge.
Pursuant to 28 U.S.C. § 636(b)(1) subsection c, the Court has reviewed the entire record in this action, including the 28 U.S.C. § 2254 habeas corpus petition and accompanying memorandum of points and authorities (CM/ECF Document ("Doc") 1), the respondent's answer and accompanying memo and lodged documents (Docs 16-17), the January 30, 2015 Report & Recommendation of the U.S. Magistrate Judge ("R&R") (Doc 27), and the applicable law. Petitioner neither filed objections to the R&R within the time allowed nor sought an extension of time in which to do so.
The R&R [Doc #27] is ADOPTED without objection.
The habeas corpus petition [Doc #1] is DENIED for lack of merit.
This action is DISMISSED with prejudice.
As required by Fed.R.Civ.P. 58(a), the Court will enter judgment by separate document. See Jayne v. Sherman, 706 F.3d 994, 1009 (9th Cir. 2013).
"To comply with Rule 58, an order must (1) be self-contained and separate from the opinion; (2) note the relief granted; and (3) omit or substantially omit the district court's reasons for disposing of the claims.'" Elkins v. Foulkes , 2014 WL 2615732, *14 n.4 (C.D. Cal. June 12, 2014) (quoting Daley v. USAO , 538 F.Appx. 142, 143 (3d Cir. 2013) (per curiam) (citation omitted)).
Said judgment will be final, but it will not be appealable until and unless petitioner obtains a certificate of appealability from the U.S. Court of Appeals for the Ninth Circuit.
"FED. R. APP. P. 22(b)(1) provides in pertinent part that if the district judge has denied the certificate, the applicant may request a circuit judge to issue the certificate.'" Elkins , 2014 WL 2615732, *14 n.5 (quoting Rule and citing Silva v. Woodford , 279 F.3d 825, 832 (9th Cir. 2002) ("[W]e are empowered to issue a COA pursuant to Fed. R. App. P. 22(b)(1) and [28 U.S.C.] § 2253(c)(1).")).