Hernandez v. Myers

District Court, D. Oregon

Hernandez v. Myers

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

ARACELY HERNANDEZ,

Petitioner, Civ. No. 3:20-cv-01792-CL

v. Order

PAULA MYERS, Superintendent, Coffee Creek Correctional Facility,

Respondent. _____________________________

MCSHANE, Judge: Magistrate Judge Mark Clarke filed a Findings and Recommendation (#24), and the matter is now before this court. See

28 U.S.C. § 636

(b)(1)(B), Fed. R. Civ. P. 72. Although neither party filed objections, I reviewed the legal principles de novo. United States v. Bernhardt,

840 F.2d 1441, 1445

(9th Cir. 1998). I find no error and conclude the report is correct. Magistrate Judge Clarke’s Findings and Recommendation (#24) is adopted. The Petition for Writ of Habeas Corpus (#1) is DENIED. Petitioner has not made a substantial showing of the denial of a constitutional right and the Court declines to issue a Certificate of Appealability. See

28 U.S.C. § 2253

(c)(2). DATED this 16th day of November, 2021. _______/s/ Michael J. McShane________ Michael McShane United States District Judge 1 – ORDER

Reference

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