Opinion
No. 2:15-cv-01000-SB
07-20-2018
DONALD MacGILLIVARY, Petitioner, v. MARK NOOTH, Superintendent, Snake River Correctional Institution, Defendant.
ORDER :
Magistrate Judge Beckerman issued a Findings and Recommendation [61] on April 25, 2018, in which she recommends that this Court deny Petitioner's Amended Petition for Writ of Corpus [23] and dismiss this proceeding with prejudice. Judge Beckerman also recommends that the Court deny a Certificate of Appealability. The matter is now before the Court pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b).
Petitioner filed timely objections to the Magistrate Judge's Findings & Recommendation. Pet'r's Obj., ECF 63. 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).
The Court has carefully considered Plaintiff's objections and concludes there is no basis to modify the Findings & Recommendation. The Court has also reviewed the pertinent portions of the record de novo and finds no other errors in the Magistrate Judge's Findings & Recommendation.
CONCLUSION
The Court ADOPTS Magistrate Judge Beckerman's Findings and Recommendation [61] denying Petitioner's Amended Petition for Writ of Habeas Corpus [23]. This case is dismissed with prejudice. Because Petitioner has not made a substantial showing of the denial of a constitutional right, pursuant to 28 U.S.C. § 2253(c)(2), the Court declines to issue a Certificate of Appealability.
IT IS SO ORDERED.
DATED this 20 day of July, 2018.
/s/_________
MARCO A. HERNÁNDEZ
United States District Judge