United States District Court, C.D. California
Keith Roman Henderson, Petitioner, Pro se, Beaumont, TX.
For United States of America, Respondent: Kerry L Quinn, LEAD ATTORNEY, SAUSA - United States Attorneys Office, Los Angeles, CA; Assistant U.S. Attorney LA-CV, Diana L Pauli, AUSA - Office of U.S. Attorney, Los Angeles, CA.
ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AND DENYING CERTIFICATE OF APPEALABILITY
HON. PHILIP S. GUTIERREZ, UNITED STATES DISTRICT JUDGE.
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the Magistrate Judge's Report and Recommendation, and the remaining record, and has made a de novo determination. No objections to the Report and Recommendation have been filed.
Accordingly, IT IS ORDERED THAT:
1. The Report and Recommendation is approved and accepted;
2. Judgment be entered denying the Petition and dismissing this action without prejudice; and
3. The Clerk serve copies of this Order on the parties.
Additionally, for the reasons stated in the Report and Recommendation, the Court finds that Petitioner has not made a substantial showing of the denial of a constitutional right. See 28 U.S.C. § 2253; Fed. R. App. P. 22(b); Miller-El v. Cockrell, 537 U.S. 322, 336, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003). Thus, the Court declines to issue a certificate of appealability.
IT IS ADJUDGED that the above-captioned action is DISMISSED WITHOUT PREJUDICE for the reasons set forth in the Magistrate ...