Opinion
Case No. 6:11-cv-438-AA
01-29-2013
ROMAN T. TATARJNOV, Petitioner, v. JEFF PREMO, Respondent.
ORDER
Aiken, Chief Judge:
Magistrate Judge Coffin issued his Findings and Recommendation in the above-captioned case on May 2, 2012. Magistrate Judge Coffin recommends that the petition for writ of habeas corpus be denied and the case dismissed. Magistrate Judge Coffin found that several of petitioner's claims were procedurally defaulted and that petitioner did not establish cause or prejudice. Magistrate Judge Coffin also found that petitioner's remaining claims were not meritorious under the standards set forth under the AEDPA. See 28 U.S.C. § 2254(d). The matter is now before me. See 28 U.S.C. § 636(b)(1)(B) and Fed. R. Civ. P. 72(b).
When either party objects to any portion of a magistrate judge's Findings and Recommendation, the district court must make a de novo determination of that portion of the magistrate judge's report. See 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore Business Machines, Inc., 656F.2d 1309, 1313 (9th Cir. 1981). Petitioner timely filed objections to the Findings and Recommendation. Upon de novo review, I find no error and adopt the analysis contained in Magistrate Judge Coffin's opinion.
THEREFORE, IT IS HEREBY ORDERED that Magistrate Judge Coffin's Findings and Recommendation (doc. 27) filed May 2, 2012, is ADOPTED in its entirety. The Petition for Writ of Habeas Corpus (doc. 2) is DENIED and this case is DISMISSED.
Should petitioner appeal, a certificate of appealability should be denied as petitioner has not made a substantial showing of the denial of a constitutional right. See 28 U.S.C. § 2253 (c) (2).
Certificate of Appealability
IT IS SO ORDERED.
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Ann Aiken
United States District Judge