Garcia-Avila v. Cain

District Court, D. Oregon

Garcia-Avila v. Cain

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON RAUL GARCIA-AVILA, Petitioner, Case No. 2:18-cv-01988-CL

V. ORDER BRAD CAIN, Superintendent, Snake River Correctional Institution, Respondent.

MCSHANE, Judge: Magistrate Judge Mark Clarke filed a Findings and Recommendation (ECF No. 54), 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). I 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 Clarke’s Findings and Recommendation (ECF No. 54) is adopted. The Petition for Writ of Habeas Corpus (ECF No. 2) 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

Status
Unknown