Opinion
No. 02:13-cv-02167-JE
09-25-2014
JOHNNY RAY JONES Petitioner, v. RICK COURSEY, ORDER Superintendent, EOCI Respondent.
HERNÁNDEZ, District Judge:
Magistrate Judge Jelderks issued a Findings and Recommendation [25] on August 7, 2014, in which he recommends that this Court deny the Petition for Writ of Habeas Corpus [1]. The matter is now before me pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b).
Because neither party filed an objection to the Magistrate Judge's Findings and Recommendation, I am relieved of my 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). I have reviewed the legal principles de novo, and find no error.
CONCLUSION
The Court ADOPTS Magistrate Judge Jelderks's Findings & Recommendation [25]. Accordingly, the Petition for Writ of Habeas Corpus [1] is denied. Additionally, the Court declines to issue a Certificate of Appealability because 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 this 25 day of Sept., 2014.
/s/_________
MARCO A. HERNÁNDEZ
United States District Judge