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Gutierrez v. Board of Parole and Post-Prison Supervision

United States District Court, D. Oregon

July 7, 2015

ANTONIO A. GUTIERREZ, Petitioner,
v.
BOARD OF PAROLE AND POST-PRISON SUPERVISION, Respondent.

ORDER

ANNA J. BROWN, District Judge.

Magistrate Judge John V. Acosta issued Findings and Recommendation (#39) on May 14, 2015, in which he recommends the Court deny Petitioner's Amended Petition (#29) for Habeas Corpus, decline to issue a certificate of appealability pursuant to 28 U.S.C. § 2253(c)(2), and issue a judgment of dismissal. Petitioner 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 the Petitioner'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 Acosta's Findings and Recommendation (#39) and, therefore, DENIES Petitioner's Amended Petition (#29) for Habeas Corpus. The Court also DECLINES to issue a certificate of appealability under 28 U.S.C. § 2253(c) (2).

IT IS SO ORDERED.


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