Opinion
Case No. 3:09-CV-00228-AC
05-07-2012
REBECCA MICHELLE SHERMAN, Petitioner, v. NANCY HOWTON, Respondent.
ORDER ADOPTING FINDINGS & RECOMMENDATION
SIMON, District Judge.
On March 22, 2012, Magistrate Judge John V. Acosta filed Findings and Recommendation (Dkt. 44) in this case. Judge Acosta recommended denying the Petition for Writ of Habeas Corpus, entering a judgment of dismissal, and denying a certificate of appealability. Petitioner timely filed objections (Dkt. 47), and Respondent timely filed a response (Dkt. 48).
Under the Federal Magistrates Act, the court may "accept, reject or modify, in whole or in part, the findings or recommendations made by the magistrate." Federal Magistrates Act, 28 U.S.C. § 636(b)(1). If a party files objections to a magistrate's findings and recommendations, "the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." Id.; Fed. R. Civ. P. 72(b)(3); Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009). De novo review means that the court "considers the matter anew, as if no decision had been rendered." Dawson, 561 F.3d at 933.
After de novo review, the court ADOPTS Judge Acosta's Findings and Recommendation (Dkt. 44) for the reasons stated therein. Accordingly, the court dismisses the Petition for Writ of Habeas Corpus with prejudice. Because Petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability is DENIED.
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Michael H. Simon
United States District Judge