Salvador Espinoza v. Jeff Lynch

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 SALVADOR ESPINOZA, Case No. 2:21-cv-00686-GW-PD

12 Petitioner, ORDER ACCEPTING REPORT AND ADOPTING, FINDINGS, 13 v. CONCLUSIONS, AND 14 RECOMMENDATIONS OF JEFF LYNCH, Warden, UNITED STATES 15 Respondent. MAGISTRATE JUDGE, AND 16 DENYING CERTIFICATE OF

APPEALABILITY 17

19 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the 20 records on file, and the Report and Recommendation of United States 21 Magistrate Judge (“Report”). The Court accepts the Report as its own 22 findings and conclusions. 23 Further, the Court finds that Petitioner has not made a substantial 24 showing of the denial of a constitutional right or that the court erred in its 25 procedural ruling and, therefore, a certificate of appealability will not issue in 26 this action. See 28 U.S.C. § 2253(c)(2); Fed. R. App. P. 22(b); Miller-El v. 27 28 ! || Cockrell, 537 U.S. 322, 336 (2003); Slack v. McDaniel, 529 U.S. 473, 484 2 || (2000). Accordingly, the Petition is dismissed with prejudice. 3 4|| DATED: January 3, 2022. 5 A forge Fe Vie UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28