DROLLINGER v. NOOTH, 02:13-cv-01756-ST. (2015)
Court: District Court, D. Oregon
Number: infdco20150210b22
Visitors: 15
Filed: Feb. 04, 2015
Latest Update: Feb. 04, 2015
Summary: ORDER MARCO A. HERNANDEZ, District Judge. Magistrate Judge Stewart issued a Findings & Recommendation (#44) on December 4, 2014, in which she recommends the Court dismiss Petitioner's Petition for Writ of Habeas Corpus and decline to issue a Certificate of Appealability. Petitioner has timely filed objections to the Findings & Recommendation. The matter is now before me pursuant to 28 U.S.C. 636(b)(1) and Federal Rule of Civil Procedure 72(b). When any party objects to any portion of the Ma
Summary: ORDER MARCO A. HERNANDEZ, District Judge. Magistrate Judge Stewart issued a Findings & Recommendation (#44) on December 4, 2014, in which she recommends the Court dismiss Petitioner's Petition for Writ of Habeas Corpus and decline to issue a Certificate of Appealability. Petitioner has timely filed objections to the Findings & Recommendation. The matter is now before me pursuant to 28 U.S.C. 636(b)(1) and Federal Rule of Civil Procedure 72(b). When any party objects to any portion of the Mag..
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ORDER
MARCO A. HERNANDEZ, District Judge.
Magistrate Judge Stewart issued a Findings & Recommendation (#44) on December 4, 2014, in which she recommends the Court dismiss Petitioner's Petition for Writ of Habeas Corpus and decline to issue a Certificate of Appealability. Petitioner has timely filed objections to the Findings & Recommendation. The matter is now before me pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b).
When any party objects to any portion of the Magistrate Judge's Findings & Recommendation, the district court must make a de novo determination of that portion of the Magistrate Judge's report. 28 U.S.C. § 636(b)(1); Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc).
I have carefully considered Petitioner's objections and conclude there is no basis to modify the Findings & Recommendation. I have also reviewed the pertinent portions of the record de novo and find no other errors in the Magistrate Judge's Findings & Recommendation.
CONCLUSION
The Court ADOPTS Magistrate Judge Stewart's Findings & Recommendation [44], and therefore, Petitioner's Petition for Writ of Habeas Corpus [2] is dismissed. Because Petitioner fails to make a substantial showing of the denial of a constitutional right pursuant to 28 U.S.C. § 2253(c)(2), the Court declines to issue a Certificate of Appealability.
IT IS SO ORDERED.
Source: Leagle
