Opinion
CV. 09-467-HU.
April 19, 2011
ORDER
Magistrate Dennis J. Hubel issued a Findings and Recommendation (#39) on March 1, 2011. The Magistrate Judge recommended that Petitioner's Amended Petition for Writ of Habeas Corpus (#28) should be denied on the basis that it is untimely.
Petitioner has filed timely objections through his counsel (#41), essentially renewing arguments presented in his briefing to Judge Hubel. When a party objects to any portion of the Magistrate's Findings and Recommendation, the district court must make a de novo determination of that portion of the Magistrate's report. See 28 U.S.C. § 636(b)(1)(B); McDonnell Douglas Corp. v. Commodore Business Machines, Inc., 656 F.2d 1309, 1313 (9th Cir. 1981), cert, denied, 455 U.S. 920 (1982).
The court has given the file of this case a de novo review, and has also carefully evaluated the Magistrate Judge's Findings and Recommendation, petitioner's objections, and the record of the case. The Findings and Recommendation is well-reasoned, without error, and adopted in its entirety.
CONCLUSION
The Magistrate Judge's Findings and Recommendation (#39) in this action is ADOPTED. Petitioner's Amended Petition for Writ of Habeas Corpus (#28) is DISMISSED, for lack of jurisdiction. This court also adopts the Magistrate Judge's recommendation to 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).
IT IS SO ORDERED.