Bolds v. Salazar

District Court, D. Oregon

Bolds v. Salazar

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

LADARIUS BOLDS, No. 3:20-cv-01213-SU

Plaintiff, ORDER

v.

JOSIAS SALAZAR,

Defendant.

HERNÁNDEZ, District Judge: Magistrate Judge Sullivan issued a Findings and Recommendation [4] on September 25, 2020, in which she recommends that the Court dismiss Petitioner’s case and decline to issue a certificate of appealability. 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 Sullivan’s Findings and Recommendation [4]. Accordingly, Petitioner’s Petition for Writ of Habeas Corpus under

28 U.S.C. § 2241

is dismissed without prejudice. The Court declines to issue a Certificate of Appealability where the dismissal is based upon Petitioner’s failure to satisfy the filing fee requirement. IT IS SO ORDERED.

DATED: ____N__o_v_e_m_b__e_r _5_,_ 2_0_2_0_______.

MARCO A. HERNÁNDEZ United States District Judge

Reference

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