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Hernandez v. Franke

United States District Court, D. Oregon

March 30, 2015

JOSE A. HERNANDEZ, Petitioner,
v.
STEVE FRANKE, Respondent.

ORDER

MARCO A. HERNANDEZ, District Judge.

Magistrate Judge Sullivan issued a Findings and Recommendation [44] on January 20, 2015, in which she recommends that this Court deny Petitioner Hernandez's petition for habeas corpus relief [2] under U.S.C. § 2254. 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 timely 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). Having reviewed the legal principles de novo, I find no error.

CONCLUSION

The Court ADOPTS Magistrate Judge Sullivan's Findings & Recommendation [44]. Accordingly, Petitioner Hernandez's petition for habeas corpus relief [2] is denied. Additionally, the Court declines to issue a Certificate of Appealability because Petitioner Hernandez has not made a substantial ...


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