Mendacino v. The Oregon Board of Parole and Post Prison Supervision
Mendacino v. The Oregon Board of Parole and Post Prison Supervision
Trial Court 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
Reference
- Status
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