Opinion
No. 3:16-CV-00604-YY
01-15-2017
REX C. RANDALL, Petitioner, v. RICHARD IVES, Respondent.
ORDER :
Magistrate Judge You issued a Findings and Recommendation [8] on November 14, 2016, in which she recommends that this Court deny Mr. Randall's Petition for Habeas Corpus Relief [1] under U.S.C. § 2254. 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 timely 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). Having reviewed the legal principles de novo, I find no error.
CONCLUSION
The Court ADOPTS Magistrate Judge You's Findings & Recommendation [8]. Accordingly, Mr. Randall's Petition for Habeas Corpus Relief [1] is denied. Additionally, the Court declines to issue a Certificate of Appealability because Mr. Randall 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 15 day of January, 2017.
/s/_________
MARCO A. HERNÁNDEZ
United States District Judge