de novo review required only for portions of Magistrate Judge’s report to which objections have been made
How later courts described this case
- de novo review required only for portions of Magistrate Judge’s report to which objections have been made
Written by the judges who cited it.
The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PHYLL MENDACINO, No. 2:18-cv-02234-JE
Plaintiff, ORDER
v.
THE OREGON BOARD OF PAROLE
AND POST-PRISON SUPERVISION,
Defendant.
HERNÁNDEZ, District Judge:
Magistrate Judge Jelderks issued a Findings and Recommendation [ECF 23] on October
2, 2019, in which he recommends that the Court enter judgment dismissing the Petition for Writ
of Habeas Corpus [ECF 1] and decline 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). 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).
Because no objections to the Magistrate Judge’s Findings and Recommendation were
timely filed, the 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) (de novo review required only for portions of
Magistrate Judge’s report to which objections have been made). Having reviewed the legal
principles de novo, the Court finds no error.
CONCLUSION
The Court ADOPTS Magistrate Judge Jelderk’s Findings and Recommendation [ECF
23]. Accordingly, the Petition for Writ of Habeas Corpus [ECF 1] is dismissed, and the Court
declines to issue a certificate of appealability.
IT IS SO ORDERED.
DATED: _____S_e_p_t_e_m__b_e_r _1_5_,_ 2_0__2_0____.
_____________________________
MARCO A. HERNÁNDEZ
United States District Judge