Evensizer v. Taylor ( 2022 )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON GREG EVENSIZER, No. 2:19-cv-00015-YY Petitioner, ORDER v. JERI TAYLOR, Superintendent, Eastern Oregon Correctional Institute Defendant. HERNÁNDEZ, District Judge: Magistrate Judge You issued a Findings and Recommendation on January 13, 2022, in which she recommends that this Court deny Petitioner’s Petition for Writ of Habeas Corpus. F&R, ECF 57. 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 and Recommendation. Pet. Obj., ECF 59. 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 You’s Findings and Recommendation [57]. Therefore, Petitioner’s Petition for a Writ of Habeas Corpus [1] pursuant to 28 U.S.C. § 2254 is DENIED. Because Petitioner has not made a substantial showing of the denial of a constitutional right, a Certificate of Appealability pursuant to 28 U.S.C. § 2253(c)(1)(A) is also DENIED. IT IS SO ORDERED. DATED: ___F_e__b_ru_a__ry_ _2_1_,_ 2_0_2_2_____. ___________________________ MARCO A. HERNÁNDEZ United States District Judge