Edgar Farfan v. Scott Frauenhiem

Filing 46

ORDER (1) ACCEPTING REPORT AND RECOMMENDATION TO DENY FIRST AMENDED HABEAS PETITION AND (2) DENYING CERTIFICATE OF APPEALABILITY by Judge Josephine L. Staton for Report and Recommendation 39 , re First Amended Petition for Writ of Habeas Corpus 21 . IT IS ORDERED that the First Amended Petition be DENIED, and that Judgment be entered dismissing this action with prejudice. IT IS FURTHER ORDERED that a certificate of appealability be DENIED. (hr)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
EDGAR FARFAN,
Petitioner,
v.
SCOTT FRAUENHIEM,
Respondent.

Case No. 2:19-cv-03554-JLS (SK)
ORDER (1) ACCEPTING REPORT
AND RECOMMENDATION TO
DENY FIRST AMENDED
HABEAS PETITION AND (2)
DENYING CERTIFICATE OF
APPEALABILITY

Pursuant to 28 U.S.C. § 636, the Court has reviewed the First
Amended Petition, any relevant records (if necessary), and the attached
Report and Recommendation to deny the Petition. Having completed its de
novo review of those portions of the Report and Recommendation to which
Petitioner has objected, the Court concludes that nothing in the objections
materially affects or alters the findings and conclusions set forth in the
Report and Recommendation.
The Court therefore concurs with and accepts the findings and
conclusions in the Report and Recommendation. The Court also finds, for

the reasons stated in the Report and Recommendation, that Petitioner has
not made a substantial showing of the denial of a constitutional right. See
28 U.S.C. § 2253(c)(2); Fed. R. App. P. 22(b).
THEREFORE, IT IS ORDERED that the First Amended Petition be
DENIED, and that Judgment be entered dismissing this action with
prejudice. IT IS FURTHER ORDERED that a certificate of appealability be
DENIED.
IT IS SO ORDERED.
DATED: May 09, 2022
HON. JOSEPHINE L. STATON
U.S. DISTRICT JUDGE