Henry Benjamin Phillips v. Craig Koenig

Filing 12

ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AND DENYING CERTIFICATE OF APPEALABILITY 11 by Judge John W. Holcomb. (es)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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HENRY BENJAMIN PHILLIPS,

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Petitioner,
v.
CRAIG KOENIG, Warden,
Respondent.

Case No. CV 20-07612-JWH (PD)
ORDER ACCEPTING REPORT
AND RECOMMENDATION OF
UNITED STATES
MAGISTRATE JUDGE AND
DENYING CERTIFICATE OF
APPEALABILITY

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Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the

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records on file, and the Report and Recommendation of the United States

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Magistrate Judge. No objections to the Report and Recommendation have

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been filed. The Court accepts the Report and adopts it as its own findings and

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conclusions.

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Further, the Court finds that Petitioner has not made a substantial

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showing of the denial of a constitutional right or that it erred in its procedural

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ruling and, therefore, a certificate of appealability is denied. See 28 U.S.C.

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§ 2253(c)(2); Fed. R. App. P. 22(b); Miller-El v. Cockrell, 537 U.S. 322, 336

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(2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000). Accordingly, the Petition

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is dismissed without prejudice.

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DATED: February 16, 2021

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_____
UNITED STATES DISTRICT JUDGE

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