Opinion
2:15-cv-00412-YY
06-30-2017
SIR GIORGIO SANFORD CLARDY, Petitioner, v. STATE OF OREGON, et al., Respondents.
ORDER
BROWN, Judge.
Magistrate Judge Youlee Yim You issued Findings and Recommendation (#53) on November 14, 2016, in which she recommends the Court deny Petitioner Sir Georgio Sanford Clardy's Petition (#2) for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254, enter a judgment dismissing this matter with prejudice, and decline to issue a certificate of appealability. On May 23, 2017, Petitioner, through counsel, filed timely Objections to the Findings and Recommendation. On June 1, 2017, Petitioner also filed pro se Objections to the Findings and Recommendation. The matter is now before this Court 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 and 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). See also 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).
This Court has carefully considered Petitioner's Objections and concludes they do not provide a basis to modify the Findings and Recommendation. The Court also has reviewed the pertinent portions of the record de novo and does not find any error in the Magistrate Judge's Findings and Recommendation.
CONCLUSION
The Court ADOPTS Magistrate Judge You's Findings and Recommendation (#53) and, therefore, DENIES the Petition (#2) for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254, DISMISSES this matter with prejudice, and DECLINES to issue a certificate of appealability.
IT IS SO ORDERED.
DATED this 30th day of June, 2017.
/s/ Anna J. Brown
ANNA J. BROWN
United States District Judge