ORDER ADOPTING REPORT AND RECOMMENDATION, DISMISSING PETITION, AND DENYING CERTIFICATE OF APPEALABILITY
DANA M. SABRAW, District Judge.
Petitioner Corey Anthony Collins, a state prisoner proceeding pro se, filed a petition for writ of habeas corpus under 28 U.S.C. Section 2254 challenging his conviction and sentence for second degree robbery and participation in a street gang. The petition was referred to United States Magistrate Judge William McCurine, Jr. for a report and recommendation pursuant to 28 U.S.C. Section 636(b)(1)(B) and Civil Local Rule 72.1(d). Respondent filed an answer. Petitioner did not file a traverse, which was due no later than July 26, 2013. ( See Order (1) Lifting Stay and Abeyance of Federal Proceedings, and (2) Requiring Response to Petition, filed May 21, 2013.) On September 12, 2013, the Magistrate Judge issued a Report and Recommendation, recommending to deny the petition.
Petitioner timely objected to the Report and Recommendation after his request for extension of time was granted. ( See Order Granting Petitioner's Request for Extension of Time, filed Oct. 21, 2013.) Respondent did not file a response. In reviewing a magistrate judge's report and recommendation, the district court "shall make a de novo determination of those portions of the report... to which objection is made, " and "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1). Upon de novo review of the Report and Recommendation and ...