Ferguson v. Bowser

Opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

JEDADYA FERGUSON, Case No. 2:19-cv-00061-JR

Petitioner, ORDER

v.

T. BOWSER,

Respondent.

HERNÁNDEZ, District Judge: Magistrate Judge Russo issued a Findings and Recommendation [22] on May 8, 2020, in which she recommends the Court deny the Amended Petition for Writ of Habeas Corpus and enter a judgment of dismissal. Petitioner timely filed objections to the Findings and Recommendation. The matter is now before the 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); 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). The Court has carefully considered Petitioner’s objections and concludes that the objections do not provide a basis to modify the recommendation. The Court has also reviewed the pertinent portions of the record de novo and finds no error in the Magistrate Judge’s Findings

and Recommendation. CONCLUSION The Court adopts Magistrate Judge Russo’s Findings and Recommendation [22]. Accordingly, the Amended Petition for Writ of Habeas Corpus [20] is DENIED and this case is DISMISSED. The Court DENIES a certificate of appealability as Petitioner has not made a substantial showing of the denial of a constitutional right. See 28 U.S.C. 2253(c)(2). IT IS SO ORDERED.

DATED: ________________J_u_n_e__ 2__2_,_ _2_0_2__0_________________________.

MARCO A. HERNÁNDEZ United States District Judge