Opinion
No. 3:20-cv-01213-SU
11-05-2020
LADARIUS BOLDS, Plaintiff, v. JOSIAS SALAZAR, Defendant.
ORDER :
Magistrate Judge Sullivan issued a Findings and Recommendation [4] on September 25, 2020, in which she recommends that the Court dismiss Petitioner's case and decline to issue 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).
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 Sullivan's Findings and Recommendation [4]. Accordingly, Petitioner's Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 is dismissed without prejudice. The Court declines to issue a Certificate of Appealability where the dismissal is based upon Petitioner's failure to satisfy the filing fee requirement.
IT IS SO ORDERED.
DATED: November 5, 2020.
/s/_________
MARCO A. HERNÁNDEZ
United States District Judge