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Mendoza v. Franke

United States District Court, D. Oregon

July 10, 2014

ANTONIO GARCIA MENDOZA, Petitioner,
v.
STEVE FRANKE, Superintendent Two Rivers Correctional Institution Respondent.

ORDER

ANNA J. BROWN, District Judge.

Magistrate Judge Dennis James Hubel issued Findings and Recommendation (#27) on May 7, 2014, in which he recommends the Court deny Petitioner Antonia Garcia Mendoza's Petition (#2) for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254, dismiss this matter with prejudice, and deny a certificate of appealability. Defendant filed timely Objections to the Findings and Recommendation. The matter is now before this Court 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 and 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). See also 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 ).

This Court has carefully considered Defendant's Objections and concludes they do not provide a basis to modify the Findings and Recommendation. The Court also has reviewed the pertinent portions of the record de novo and does not find any error in the Magistrate Judge's Findings and Recommendation.

CONCLUSION

The Court ADOPTS Magistrate Judge Hubel's Findings and Recommendation (#27) and, therefore, DENIES the Petition (#2) for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254, DISMISSES this matter with prejudice, and DENIES a certificate of appealability.

IT IS SO ORDERED.


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