Opinion
2:19-cv-00830-MK
08-03-2021
ROBERT GONZALES, Petitioner, v. BRAD CAIN, Respondent.
OPINION AND ORDER
Ann Aiken, United States District Judge
United States Magistrate Judge Mustafa T. Kasubhai issued his Findings and Recommendation (“F&R”) (doc. 29) in this case on January 14, 2021. In the F&R, Judge Kasubhai recommended that petitioner's Petition for Writ of Habeas Corpus (doc. 2) be denied as untimely and that a Certificate of Appealability also be denied. The matter is now before the Court pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b).
Petitioner filed timely objections and respondent responded. Docs. 31, 32. Accordingly, the Court must “make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b)(3); 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).
I have carefully considered petitioner's objections and conclude there is no basis to modify the F&R. I have also reviewed the pertinent portions of the record de novo and find no errors in Judge Kasubhai's F&R. Accordingly, the Court ADOPTS the F&R (doc. 29).
IT IS SO ORDERED.