Opinion

Downs v. Oregon Board of Parole

Court
District Court, D. Oregon
Filed
Nov 14, 2023
Cited by
0 cases
Authority
More cited than 28.8%

The opinion

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

ELIZABETH DIANE DOWNS, Case No. 3:22-cv-01993-MK

Petitioner, ORDER ADOPTING

FINDINGS AND

v. RECOMMENDATION

OREGON BOARD OF PAROLE,

Respondent.

_____________________________

MCSHANE, District Judge.

Petitioner brought this federal habeas action pursuant to 28 U.S.C. § 2254 and challenged

a 2020 decision of the Oregon Board of Parole and Post-Prison Supervision deferring

Petitioner’s parole consideration date. Magistrate Judge Kasubhai issued Findings and

Recommendations and recommends that the Petition be denied. The matter is now before this

Court. See 28 U.S.C. § 636(b)(1)(B), Fed. R. Civ. P. 72.

1 - ORDER ADOPTING FINDINGS AND RECOMMENDATION

Plaintiff filed timely objections to the Findings and Recommendation. Accordingly, I

have reviewed the file of this case de novo. See 28 U.S.C. § 636(b)(1)(c); McDonnell Douglas

Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). I find no error and

conclude the recommendation is correct.

Accordingly, Magistrate Judge Kasubhai’s Findings and Recommendation (ECF No. 15)

is ADOPTED, and the Petition for Writ of Habeas Corpus (ECF No. 1) is DENIED. A

Certificate of Appealability is DENIED on the basis that Petitioner has not made a substantial

showing of the denial of a constitutional right. See 28 U.S.C. § 2253(c)(2).

Dated this 14th day of November, 2023.

s/ Michael J. McShane

MICHAEL J. MCSHANE

United States District Judge

2 - ORDER ADOPTING FINDINGS AND RECOMMENDATION

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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