Sullivan v. Taylor

District Court, D. Oregon

Sullivan v. Taylor

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON EMMIT JOHN SULLIVAN, Petitioner, Case No. 2:17-cv-00763-MK

v. ORDER JERI TAYLOR, Superintendent, Eastern Oregon Correctional Institution, Respondent.

MCSHANE, Judge: Magistrate Judge Mustafa Kasubhai filed a Findings and Recommendation (ECF No. 94), and the matter is now before this court on Petitioner’s objections. See

28 U.S.C. § 636

(b)(1)(B), Fed. R. Civ. P. 72(b). [review 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 Kasubhai’s Findings and Recommendation (ECF No. 94) is adopted. The Amended Petition for Writ of Habeas Corpus (ECF No. 75) is DENIED. Because Petitioner has not made a substantial showing of the denial of a constitutional right, a Certificate of Appealability is also DENIED. See

28 U.S.C. § 2253

(c)(2). IT IS SO ORDERED. DATED this 10th day of February, 2022.

1 -ORDER

_______/s/ Michael J. McShane ________ Michael McShane United States District Judge

2 –ORDER

Reference

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