Feliciano Coronel v. C. Koenig

Filing 11

ORDER ACCEPTING REPORT AND ADOPTING, FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE, AND DENYING CERTIFICATE OF APPEALABILITY by Judge Fred W. Slaughter for Report and Recommendation (Issued), 10 The Court accepts the Report and adopts it as its own findings and conclusions. Accordingly, the Petition is dismissed with prejudice. [See Order for further details.] (es)

Case 5:22-cv-01022-FWS-PD Document 11 Filed 01/17/23 Page 1 of 2 Page ID #:1524

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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FELICIANO CORONEL,
Petitioner,

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v.

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C. KOENIG, Warden,
Respondent.

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Case No. 5:22-cv-01022-FWS-PD
ORDER ACCEPTING
REPORT AND ADOPTING,
FINDINGS, CONCLUSIONS,
AND RECOMMENDATIONS
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 United States

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Magistrate Judge (“Report”). Because the time for objections has passed with

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none filed, the Court need not review de novo the findings and conclusions in

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the Report. See Thomas v. Arn, 474 U.S. 140, 154 (1985); United States v.

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Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). The Court accepts the

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Report and adopts it as its own findings and conclusions. Accordingly, the
Petition is dismissed with prejudice.

Case 5:22-cv-01022-FWS-PD Document 11 Filed 01/17/23 Page 2 of 2 Page ID #:1525

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Further, for the reasons stated in the Report, the Court finds that

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Petitioner has not made a substantial showing of the denial of a constitutional

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right 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).

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DATED: January 17, 2023

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HON. FRED W. SLAUGHTER
UNITED STATES DISTRICT JUDGE

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