UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION
March 11, 2010
DIALLO E. UHURU, PETITIONER,
JOHN MARSHALL, RESPONDENT.
The opinion of the court was delivered by: James V. Selna United States District Judge
ORDER (1) ACCEPTING AND ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE, AND (2) DISMISSING THE SECOND AMENDED PETITION FOR WRIT OF HABEAS CORPUS
Pursuant to 28 U.S.C. §636, the Court has made a de novo review of the Second Amended Petition for Writ of Habeas Corpus ("Second Amended Petition"), Respondent's Motion to Dismiss, Petitioner's Opposition, all of the records herein and the Report and Recommendation of the United States Magistrate Judge ("Report").
IT IS ORDERED that: (1) the Court accepts and adopts the Report and Recommendation, (2) the Court declines to issue a Certificate of Appealability ("COA");*fn1 and (3) Judgment be entered dismissing the Second Amended Petition without prejudice.