Opinion
CASE NO.: 1:18CV2834
07-01-2020
Luis Cruz, Petitioner, v. Warden Brigham Sloan, Respondent.
ORDER AND DECISION
The Court has examined the Report and Recommended Decision of the Magistrate Judge submitted in this matter on May 21, 2020. Doc. 9. Upon due consideration, and no objections having been filed by the parties, the Court adopts the Report and recommended findings and conclusions of the Magistrate Judge and incorporates them herein. Therefore, it is ordered that petition is hereby DENIED.
Pursuant to 28 U.S.C § 1915(a)(3), the Court certifies that Petitioner may not take an appeal from the Court's decision in good faith, and that there is no basis upon which to issue a certificate of appealability on Grounds Two and Three of the petition. 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b). Consistent with the R&R, the Court issues a certificate of appealability with respect to Ground One in the petition.
IT IS SO ORDERED.
Date: 7/1/2020
/s/ John R . Adams
JUDGE JOHN R. ADAMS
UNITED STATES DISTRICT JUDGE