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Jones v. Coursey

United States District Court, D. Oregon

September 25, 2014

JOHNNY RAY JONES, Petitioner,
v.
RICK COURSEY, Superintendent, EOCI, Respondent.

ORDER

MARCO A. HERNNDEZ, District Judge.

Magistrate Judge Jelderks issued a Findings and Recommendation [25] on August 7, 2014, in which he recommends that this Court deny the Petition for Writ of Habeas Corpus [1]. 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 neither party filed an objection to the Magistrate Judge's Findings and Recommendation, 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). I have reviewed the legal principles de novo, and find no error.

CONCLUSION

The Court ADOPTS Magistrate Judge Jelderks's Findings & Recommendation [25]. Accordingly, the Petition for Writ of Habeas Corpus [1] is denied. Additionally, the Court declines to issue a Certificate of Appealability because Petitioner has not made a substantial showing of the denial of a constitutional right pursuant to 28 U.S.C. § 2253(c)(2).

IT IS SO ORDERED.


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