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Ray v. Mills

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION
Dec 2, 2011
No. CV-09-6206-SU (D. Or. Dec. 2, 2011)

Opinion

No. CV-09-6206-SU

12-02-2011

EDWARD T. RAY, Petitioner, v. DON MILLS, Respondent.


ORDER

HERNANDEZ, District Judge:

Magistrate Judge Sullivan issued a Findings and Recommendation (#35) on October 31, 2011, in which she recommends the Court deny petitioner's Amended Petition for Writ of Habeas Corpus, and decline to issue a Certificate of Appealability. Petitioner has timely filed objections to the Findings and Recommendation. The matter is now before me pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b).

When any party objects to any portion of the Magistrate Judge's Findings and 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).

I have carefully considered petitioner's objections and conclude that the objections do not provide a basis to modify the Findings and Recommendation. I have also reviewed the pertinent portions of the record de novo and find no error in the Magistrate Judge's Findings and Recommendation.

CONCLUSION

The Court ADOPTS Magistrate Judge Sullivan's Findings and Recommendation [#35] and, therefore, petitioner's Amended Petition for Writ of Habeas Corpus [#9] is denied. 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.

MARCO A. HERNANDEZ

United States District Judge


Summaries of

Ray v. Mills

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION
Dec 2, 2011
No. CV-09-6206-SU (D. Or. Dec. 2, 2011)
Case details for

Ray v. Mills

Case Details

Full title:EDWARD T. RAY, Petitioner, v. DON MILLS, Respondent.

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION

Date published: Dec 2, 2011

Citations

No. CV-09-6206-SU (D. Or. Dec. 2, 2011)