Opinion
No. 3:20-cv-0467-JE
08-21-2020
TERRO LAJUAN BELL, Petitioner, v. JOSIAS SALAZAR, Respondent.
ORDER :
Magistrate Judge Jelderks issued a Findings and Recommendation [ECF 5] on July 20, 2020, in which he recommends that the Court enter judgment dismissing the Petition for Writ of Habeas Corpus [ECF 1] and decline to issue a certificate of appealability on the basis that Petitioner has not made a substantial showing of the denial of a constitutional right pursuant to 28 U.S.C. § 2253(c)(2). 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).
Because no objections to the Magistrate Judge's Findings and Recommendation were timely filed, the Court is relieved of its obligation to review the record de novo. United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); see also United States v. Bernhardt, 840 F.2d 1441, 1444 (9th Cir. 1988) (de novo review required only for portions of Magistrate Judge's report to which objections have been made). Having reviewed the legal principles de novo, the Court finds no error.
CONCLUSION
The Court ADOPTS Magistrate Judge Jelderk's Findings and Recommendation [ECF 5]. Accordingly, the Petition for Writ of Habeas Corpus [ECF 1] is dismissed for lack of jurisdiction, and the Court declines to issue a certificate of appealability pursuant to 28 U.S.C. § 2253(c)(2).
IT IS SO ORDERED.
DATED: August 21, 2020.
/s/_________
MARCO A. HERNÁNDEZ
United States District Judge