Opinion
No. 2:17-cv-00446-YY
04-04-2018
RYAN NEWSOME, Petitioner, v. BRIGITTE AMSBERRY, Respondent..
ORDER :
Magistrate Judge You issued a Findings & Recommendation (#23) on February 20, 2018, in which she recommends the Court deny Petitioner's Petition for Writ of Habeas Corpus and deny 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 You's Findings & Recommendation [23], and therefore, the Petition for Writ of Habeas Corpus [1] is denied. Because Petitioner fails to make a substantial showing of the denial of a constitutional right, a Certificate of Appealability is denied.
IT IS SO ORDERED.
DATED this 4 day of APRIL, 2018.
/s/_________
MARCO A. HERNANDEZ
United States District Judge