Yancey v. Salazar ( 2021 )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON NATHANIEL YANCEY, No. 3:19-cv-01552-JE Petitioner, ORDER v. JOSIAS SALAZAR, Respondent. HERNÁNDEZ, District Judge: Magistrate Judge Jelderks issued a Findings and Recommendation on November 18, 2020, in which he recommends that this Court deny the Petition for Writ of Habeas Corpus and dismiss this case with prejudice. F&R, ECF 26. The matter is now before the Court pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b). Petitioner filed timely objections to the Magistrate Judge’s Findings & Recommendation. Pet’r. Obj., ECF 28. When any 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 that there is no basis to modify the Findings & Recommendation. The Court has also reviewed the pertinent portions of the record de novo and finds no error in the Magistrate Judge’s Findings & Recommendation. CONCLUSION The Court ADOPTS Magistrate Judge Jelderks’s Findings and Recommendation [26]. Therefore, the Petition for Writ of Habeas Corpus [1] is denied and this case is dismissed with prejudice. The Court declines to issue a Certificate of Appealability because 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. DATED: ____A__p_ri_l _2_1_,_ 2_0_2_1________. ___________________________ MARCO A. HERNÁNDEZ United States District Judge