IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON AARON E. CHOAT, No. 2:16-cv-01459-JR Petitioner, v. RICK COURSEY, Superintendent, ORDER Eastern Oregon Correctional Institution, Respondent. HERNANDEZ, District Judge: Magistrate Judge Russo issued a Amended Findings & Recommendation (#56) on October 2, 2019, in which she recommends the Court deny Petitioner's Amended Petition for Writ of Habeas Corpus, and deny a Certificate of Appealability. Petitioner has timely filed objections to the Findings & Recommendation. The matter is now before me pursuant to

(b)(1) and Federal Rule of Civil Procedure 72(b). 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 1 - ORDER Magistrate Judge's report.

(b)(1); Dawson v. Marshall,

(9th Cir. 2009); United States v. Reyna-Tapia,

(9th Cir. 2003) (en banc). I have carefully considered Petitioner's objections and conclude there is no basis to modify the Findings & Recommendation. I have also reviewed the pertinent portions of the record de novo and find no other errors in the Magistrate Judge's Findings & Recommendation. CONCLUSION The Court ADOPTS Magistrate Judge Russo's Amended Findings & Recommendation [86], and therefore, the Amended Petition for Writ of Habeas Corpus [20] is denied. The Court declines 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

(c)(2). IT IS SO ORDERED.

DATED this [ 1 day of ! y , 2019.

RCO A. HERNANDEZ United States District Judge

2 - ORDER