Opinion
No. 2:14-cv-01284-CL
04-23-2017
GLEN ALAN LANGFORD, JR., Petitioner, v. RICK COURSEY, EOCI Superintendent; Respondent.
ORDER :
Magistrate Judge Clarke issued a Findings and Recommendation [86] on February 3, 2017, in which he recommends that this Court deny Petitioner's Petition for Writ of Habeas Corpus [2]. 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 & Recommendation. 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 carefully considered Plaintiff's objections and concludes there is no basis to modify the Findings & Recommendation. The Court also reviewed the pertinent portions of the record de novo and finds no other errors in the Magistrate Judge's Findings & Recommendation.
CONCLUSION
The Court ADOPTS Magistrate Judge Clarke's Findings and Recommendation [86]. The Court denies Petitioner's Petition for Writ of Habeas Corpus [2]. Because Petitioner has not made a substantial showing of the denial of a constitutional right, pursuant to 28 U.S.C. § 2253(c)(2), the Court declines to issue a Certificate of Appealability.
IT IS SO ORDERED.
DATED this 23 day of April , 2017.
/s/_________
MARCO A. HERNÁNDEZ
United States District Judge