Opinion
09-CV-133-ST.
April 29, 2011
STEVEN T. WAX, Federal Public Defender, THOMAS J. HESTER, Assistant Federal Public Defender, Portland, OR, Attorneys for Petitioner. JOHN KROGER, Attorney General, ANDREW HALLMAN, Assistant Attorney General, Oregon Department of Justice, Salem, OR, Attorneys for Respondent.
ORDER
Magistrate Judge Janice M. Stewart issued Findings and Recommendation (#34) on February 25, 2011, in which she recommends the Court deny Petitioner Jose C. Rodriguez-Caro's Petition (#2) for Writ of Habeas Corpus, dismiss this matter with prejudice, and deny Petitioner a Certificate of Appealability. The matter is now before this Court pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b).
Because no objections to the Magistrate Judge's Findings and Recommendation were timely filed, this Court is relieved of its 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). Having reviewed the legal principles de novo, the Court does not find any error.
CONCLUSION
The Court ADOPTS Magistrate Judge Stewart's Findings and Recommendation (#34) and, accordingly, DENIES the Petition (#2) for Writ of Habeas Corpus, DISMISSES this matter with prejudice, and DENIES a Certificate of Appealability.
IT IS SO ORDERED.
DATED this 27th day of April, 2011.