Opinion
No. 2:18-cv-00048-SU
06-18-2020
JAMES EARL JOHNSON, Petitioner, v. T. BOWSER, Respondent.
ORDER :
Magistrate Judge Sullivan issued a Findings and Recommendation [54] on April 16, 2020, in which she recommends that the Court deny the Amended Petition for Writ of Habeas Corpus [33]. The matter is now before the Court pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b).
Because no objections to the Magistrate Judge's Findings and Recommendation were timely filed, the Court is relieved of its obligation to review the record de novo. United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); see also United States v. Bernhardt, 840 F.2d 1441, 1444 (9th Cir. 1988) (de novo review required only for portions of Magistrate Judge's report to which objections have been made). Having reviewed the legal principles de novo, the Court finds no error.
CONCLUSION
The Court ADOPTS Magistrate Judge Sullivan's Findings and Recommendation [54]. Accordingly, the Amended Petition for Writ of Habeas Corpus [33] is DENIED and this this case is dismissed with prejudice. The Court declines 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.
DATED: Ju ne 18, 2 020.
/s/_________
MARCO A. HERNÁNDEZ
United States District Judge