Opinion
CV 19-13-BU-BMM-KLD
11-18-2019
SHANE MCCLANAHAN, Plaintiff, v. WARDEN LYNN GUYER, Defendant.
ORDER
United States Magistrate Judge Kathleen L. DeSoto entered her Findings and Recommendations in this case on August 22, 2019 (Doc. 5.) She recommended that Plaintiff Shane McClanahan's amended petition for a writ of habeas corpus under 28 U.S.C. § 2254 (Doc. 3) be denied. Judge Desoto also recommended that the Clerk of Court should enter a judgment of dismissal and a certificate of appealability should be denied. (Id.)
Neither party filed objections to the Findings and Recommendations, and thus both have waived the right to de novo review. 28 U.S.C. § 636(b)(1)(C). Absent objection, this Court reviews findings and recommendations for clear error. United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); Thomas v. Arn, 474 U.S. 140, 149 (1985). Clear error exists if the Court is left with a "definite and firm conviction that a mistake has been committed." United States v. Syrax, 235 F.3d 422, 427 (9th Cir. 2000) (citations omitted). Reviewing for clear error and finding none,
IT IS ORDERED that Judge DeSoto's Findings and Recommendations (Doc. 5) are ADOPTED IN FULL. Plaintiff Shane McClanahan's amended petition for a writ of habeas corpus under 28 U.S.C. § 2254 (Doc. 3) is DENIED as set forth in Judge Johnston's Findings and Recommendations.
DATED this 18th day of November, 2019.
/s/_________
Brian Morris
United States District Court Judge