UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION
March 23, 2010
FERRARI MOODY, PETITIONER,
LARRY E. SCRIBNER, ET AL., RESPONDENTS.
The opinion of the court was delivered by: George H. King United States District Judge
ORDER (1) ACCEPTING AND ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE, AND (2) DISMISSING THE FIRST AMENDED PETITION FOR WRIT OF HABEAS CORPUS
Pursuant to 28 U.S.C. §636, the Court has made a de novo review of the Petition for Writ of Habeas Corpus ("Petition"), Respondent's Motion to Dismiss, Petitioner's Opposition to the Motion to Dismiss, Petitioner's First Amended Petition ("First Amended Petition"), Respondent's Answer to First Amended Petition, Petitioner's Traverse, 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 denying and dismissing the First Amended and Petition and entire action with prejudice.