LEPESH v. RICK COURSEY, CV. 09-1456-SU. (2011)
Court: District Court, D. Oregon
Number: infdco20110707a73
Visitors: 7
Filed: Jul. 05, 2011
Latest Update: Jul. 05, 2011
Summary: ORDER MARCO A. HERNANDEZ, District Judge. Magistrate Judge Pat Sullivan issued a Findings and Recommendation (doc. #17) on May 17, 2011, in which she recommends that petitioner's Petition for Writ of Habeas Corpus be dismissed with prejudice. She also recommends that I decline to issue a Certificate of Appealability on the basis that petitioner has not made a substantial showing of the denial of a constitutional right pursuant to 28 U.S.C. 2253(c)(2). The matter is now before me pursuant to
Summary: ORDER MARCO A. HERNANDEZ, District Judge. Magistrate Judge Pat Sullivan issued a Findings and Recommendation (doc. #17) on May 17, 2011, in which she recommends that petitioner's Petition for Writ of Habeas Corpus be dismissed with prejudice. She also recommends that I decline to issue a Certificate of Appealability on the basis that petitioner has not made a substantial showing of the denial of a constitutional right pursuant to 28 U.S.C. 2253(c)(2). The matter is now before me pursuant to 2..
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ORDER
MARCO A. HERNANDEZ, District Judge.
Magistrate Judge Pat Sullivan issued a Findings and Recommendation (doc. #17) on May 17, 2011, in which she recommends that petitioner's Petition for Writ of Habeas Corpus be dismissed with prejudice. She also recommends that I decline to issue a Certificate of Appealability on the basis that petitioner has not made a substantial showing of the denial of a constitutional right pursuant to 28 U.S.C. § 2253(c)(2). The matter is now before me pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b).
Because no objections to the Magistrate Judge's Findings and Recommendation were timely filed, I am relieved of my obligation to review the record de novo. United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); see also United States v. Bernhardt, 840 F.2d 1441, 1444 (9th Cir. 1988) (de novo review required only for portions of Magistrate Judge's report to which objections have been made). Having reviewed the legal principles de novo, I find no error.
CONCLUSION
The court ADOPTS the Magistrate Judge's Findings and Recommendation (doc. #17). Accordingly, petitioner's Petition for Writ of Habeas Corpus is dismissed with prejudice and I decline to issue a Certificate of Appealability.
IT IS SO ORDERED.
Source: Leagle
