Opinion
No. 2:14-cv-01352-TC
07-14-2017
STANLEY LEE MILLER, Petitioner, v. JERI TAYLOR, Superintendent, Two Rivers Correctional Inst., Respondent.
ORDER :
Magistrate Judge Thomas Coffin issued a Findings & Recommendation [61] on May 31, 2017, recommending that Petitioner's Petition for Writ of Habeas Corpus [2] be denied and this case be dismissed with prejudice. Petitioner has timely filed objections [63] to the Findings & Recommendation. The matter is now before the Court pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b).
When a 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 there is no basis to modify the Findings & Recommendation. The Court has also reviewed the pertinent portions of the record de novo and find no errors in the Magistrate Judge's Findings & Recommendation.
CONCLUSION
The Court ADOPTS Magistrate Judge Coffin's Findings & Recommendation [61], and therefore, Petitioner's Petition for Writ of Habeas Corpus [2] is denied. The Court denies Petitioner a Certificate of Appealability and dismisses this case with prejudice.
IT IS SO ORDERED.
DATED this 14 day of July, 2017.
/s/_________
MARCO A. HERNÁNDEZ
United States District Judge