IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION

MATTHEW SEAN SANER, Petitioner, . V. No. 3:17-cv-00991-AC JERI TAYLOR, Superintendent, Eastern OPINION AND ORDER Oregon Correctional Institution, Respondent.

MOSMAN, J., On November 20, 2020, Magistrate Judge John V. Acosta issued his Findings and Recommendation (F. & R.) [ECF 33]. Judge Acosta recommended that I deny the Petition for Writ of Habeas Corpus [ECF 1] and decline to issue a certificate of appealability. Petitioner Matthew Sean Saner filed obj ections. Upon review, I agree with Judge Acosta and DISMISS this case with prejudice. □

DISCUSSION The magistrate judge makes only recommendations to the court, to which any party may file written objections. The court is not bound by the recommendations of the magistrate judge, but retains responsibility for making the final determination. The court is generally required to make a de novo determination regarding those portions of the report or specified findings or recommendation as to which an objection is made.

(b)(1)(C). However, the court 1 - OPINION AND ORDER

is not required to review, de novo or under any other standard, the factual or legal conclusions of the magistrate judge as to those portions of the F. & R. to which no objections are addressed. See Thomas vy. Arn,

(1985); United States v. Reyna-Tapia,

(9th Cir. 2003). While the level of scrutiny under which J am required to review the F. & R. depends on whether or not objections have been filed, in either case, I am free to accept, reject, or modify any part of the F. & R.

(b)(1)(C). CONCLUSION Upon review, I agree with Judge Acosta’s findings and recommendation, and | ADOPT the F. & R. [ECF 33] as my own opinion. I DENY Mr. Saner’s Petition for Writ of Habeas Corpus [ECF 1] and decline to issue a certificate of appealability because Petitioner has not made a substantial showing of the denial of a constitutional right pursuant to

(c)(2). The case is DISMISSED with prejudice. IT IS SO ORDERED. DATED this Ay of February, 2021.

/ Ww ative. MICHAEL W.MQSMAN □ United States District Judge

2 — OPINION AND ORDER