Opinion
Civil Case No. 09-1174-SU.
June 8, 2010
Christopher Michael Gonzalez-Aguilera #7241626, Oregon State Penitentiary, Salem, Oregon, Pro Se Petitioner.
Jonathan W. Diehl, Lynn David Larsen, State of Oregon Department of Justice, Criminal Collateral Remedies, Salem, OR, Attorneys for Respondent.
ORDER
The Honorable Patricia Sullivan, United States Magistrate Judge, filed Findings and Recommendation on May 13, 2010. The matter is before this court. See 28 U.S.C. § 636(b)(1)(B) and Fed.R.Civ.P. 72(b). No objections have been timely filed. This relieves me of my obligation to give the factual findings de novo review. Lorin Corp. v. Goto Co., Ltd., 700 F.2nd 1202, 1206 (8th Cir. 1983); See also Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed the legal principles de novo, I find no error.
Accordingly, I ADOPT Magistrate Judge Sullivan's Findings and Recommendation (#11) dated May 13, 2010 in its entirety.
IT IS HEREBY ORDERED that Respondent's Motion to Dismiss Without Prejudice (#8) is granted. Because petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability is DENIED. See 28 USC § 2553(c)(2).