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Salgado v. Coursey

United States District Court, D. Oregon

June 3, 2014

GONZALO BARBOSA SALGADO, Petitioner,
v.
RICK COURSEY, Respondent.

ORDER

MARCO A. HERNANDEZ, District Judge.

Magistrate Judge Papak issued a Findings & Recommendation (#36) on March 25, 2014, in which he recommends the Court deny the Petition for Writ of Habeas Corpus and certify that Petitioner has not made a substantial showing of the denial of a constitutional right pursuant to 28 U.S.C. § 2253(c)(2). 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 Papak's Findings & Recommendation [36], with one exception: a Certificate of Appealability as further specified in the Judgment, is allowed. Accordingly, Petitioner's Petition for Writ of Habeas Corpus [3] is denied.

IT IS SO ORDERED.


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