IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

ROBERT GONZALES, Case No. 2:19-cv-00830-MK OPINION AND ORDER Petitioner, vs. BRAD CAIN, Respondent.

AIKEN, District Judge: United States Magistrate Judge Mustafa T. Kasubhai issued his Findings and Recommendation (“F&R”) (doc. 29) in this case on January 14, 2021. In the F&R, Judge Kasubhai recommended that petitioner’s Petition for Writ of Habeas Corpus

(doc. 2) be denied as untimely and that a Certificate of Appealability also be denied. The matter is now before the Court pursuant to

(b)(1) and Federal Rule of Civil Procedure 72(b). Petitioner filed timely objections and respondent responded. Docs. 31,32. Accordingly, the Court must “make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.”

(b)(1); Fed. R. Civ. P. 72(b)(3); 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 F&R. I have also reviewed the pertinent portions of the record de novo and find no errors in Judge Kasubhai’s F&R. Accordingly, the Court ADOPTS the F&R (doc. 29). IT IS SO ORDERED. Dated this 3_r_d_ day of August 2021.

________/s_/_A_n__n_ A__ik__e_n_______ Ann Aiken United States District Judge