Joseph Burt Trigeros v. People of Riverside California

Opinion

Case 5:22-cv-00709-ODW-PD Document 7 Filed 08/08/22 Page 1 of 2 Page ID #:87

Case No. 5:22-cv-00709-ODW (PD)

ORDER ACCEPTING REPORT Petitioner, AND RECOMMENDATION OF v. UNITED STATES MAGISTRATE JUDGE AND Warden1,

Respondent.

Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the records on file, and the Report and Recommendation of the United States Magistrate Judge. No objections to the Report and Recommendation have been filed. The Court accepts the Report and adopts it as its own findings and conclusions. Accordingly, the Petition is dismissed with prejudice.

1 Charles W. Callahan is the current warden of Chuckawalla Valley State Prison, where Petitioner is housed, and is substituted in under Federal Rule of Civil Procedure 25(d) as the proper Respondent. See also R.2(a), Rules Governing § 2254 Cases in U.S. Dist. Cts. Case 5:22-cv-00709-ODW-PD Document 7 Filed 08/08/22 Page 2of2 Page ID #:88

I Further, the Court finds that Petitioner has not made a substantial 2 showing of the denial of a constitutional right or that it erred in its procedural 3 ruling and, therefore, a certificate of appealability is denied. See 28 U.S.C. 4 § 2253(c)(2); Fed. R. App. P. 22(b); Miller-El v. Cockrell, 537 U.S. 322, 336 5 (2003); Slack v. McDaniel, 529 U.S. 478, 484 (2000). 7 DATED: August 8, 2022 □ UNITED STATES DISTRICT JUDGE