Clyde Warren v. Christian Pfeiffer

Filing 23

ORDER (1) ACCEPTING REPORT AND RECOMMENDATION TO DISMISS UNTIMELY PETITION AND (2) DENYING CERTIFICATE OF APPEALABILITY by Judge Dolly M. Gee for MOTION to Dismiss Petition for Writ of Habeas Corpus 15 , Report and Recommendation (Issued) [ 21]. IT IS ORDERED that the Petition be DISMISSED, and that Judgment be entered dismissing this action with prejudice. IT IS FURTHER ORDERED that a certificate of appealability be DENIED, re Petition for Writ of Habeas Corpus (2254) 1 . (see document for further details) (hr)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CLYDE WARREN,
Petitioner,
v.
CHRISTIAN PFEIFFER,
Respondent.

Case No. CV 19-09295-DMG (SK)
ORDER (1) ACCEPTING REPORT
AND RECOMMENDATION TO
DISMISS UNTIMELY PETITION
AND (2) DENYING CERTIFICATE
OF APPEALABILITY

Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the
relevant records, and the attached Report and Recommendation of the U.S.
Magistrate Judge. 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 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 and
that jurists of reason would find it debatable whether the Court is correct in
its procedural ruling. See 28 U.S.C. § 2253(c)(2); Fed. R. App. P. 22(b);
Slack v. McDaniel, 529 U.S. 473, 484 (2000).
THEREFORE, IT IS ORDERED that the Petition be DISMISSED, and
that Judgment be entered dismissing this action with prejudice. IT IS
FURTHER ORDERED that a certificate of appealability be DENIED.
DATED: November 17, 2020
DOLLY M. GEE
UNITED STATE DISTRICT JUDGE