IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

JAVIER A. HERNANDEZ-CHAVEZ,

Petitioner, Case No. 2:20-cv-800-CL

v. ORDER TYLER BLEWETT,

Respondent. ___________________________

MCSHANE, Judge: Magistrate Judge Mark D. Clarke filed a Findings and Recommendation (ECF No. 62), and the matter is now before this court. See

(b)(1)(B), Fed. R. Civ. P. 72(b). Petitioner filed objections to the Findings and Recommendation. I have reviewed the file of this case de novo. See

(b)(1)(c); McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc.,

(9th Cir. 1981). I find no error.

1 –ORDER Magistrate Judge Clarke’s Findings and Recommendation (ECF No. 62) is ADOPTED. The Petition (ECF No. 2) is DISMISSED. Because Petitioner has not made a substantial showing of the denial of a constitutional right, the Court declines to issue a Certificate of Appealability. See

(c)(2). IT IS SO ORDERED.

DATED this 24th day of May, 2024. _______/s/ Michael J. McShane________ Michael McShane United States District Judge

2 –ORDER