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Davis v. Nooth

United States District Court, D. Oregon

April 5, 2015

JAMES IVY DAVIS, Petitioner,
v.
MR. NOOTH, MARCK, Mr. Superintendent Nooth, Respondent.

ORDER

MARCO A. HERNANDEZ, District Judge.

Magistrate Judge Stewart issued a Findings & Recommendation (#75) on February 17, 2015, in which she recommends the Court deny 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 [75], and therefore, Petitioner's Petition for Habeas Corpus [1] is denied and no Certificate of Appealability shall issue 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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