Opinion
2:18-cv-00573-SB
01-20-2022
DAYTEN CORDELL HOKPINS, SR., Petitioner, v. MARK NOOTH, Superintendent, Snake River Correctional Institution, Respondent.
ORDER
Marco A. Hernandez, United States District Judge
Magistrate Judge Beckerman issued a Findings and Recommendation on August 13, 2021, in which she recommends that this Court dismiss with prejudice the Second Amended Petition for Writ of Habeas Corpus and decline to issue a Certificate of Appealability. F&R, ECF 50. 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).
Petitioner filed timely objections to the Magistrate Judge's Findings and Recommendation. Pet'r Obj., ECF 52. When any party objects to any portion of the Magistrate Judge's Findings & 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); 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).
The Court has carefully considered Petitioner's objections and concludes that there is no basis to modify the Findings & Recommendation. The Court has also reviewed the pertinent portions of the record de novo and finds no error in the Magistrate Judge's Findings & Recommendation.
CONCLUSION
The Court ADOPTS Magistrate Judge Beckerman's Findings and Recommendation [50]. The Court dismisses with prejudice the Second Amended Petition for Writ of Habeas Corpus [43]. The Court declines to issue a Certificate of Appealability because Petitioner has not made a substantial showing of the denial of a constitutional right. See 28 U.S.C. § 2253(c)(2).
IT IS SO ORDERED.