Sills v. Long et al

Filing 49

ORDER: Adopting Findings and Recommendation 43 ; Denying Motion for certificate of appealability 48 . Petitioner has not made a substantial showing of the denial of a constitutional right pursuant to 28:2253(c)(2). A copy of this Order sent to Petitioner Gabriel Sills. Signed on 9/1/2016 by Judge Owen M. Panner. (jkm)

IN THE UNITED ST ATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

GABRIEL SILLS,
Petitioner,

Case No. 1:14-cv-00638-CL

ORDER

v.

DAVID B. LONG;
ELLEN F. ROSENBLUM,
Attorney General of Oregon
Respondents.

Gabriel Sills
Eloy, AZ 85131
Prose

P ANNER, District Judge:
On January 21, 2016, Magistrate Judge Mark D. Clarke filed a Findings and
Recommendation(# 43), and the matter is now before this Court. See 28 U.S.C. § 636(b)(l)(B),
Fed. R. Civ. P. 72(b). Petitioner has filed an objection(# 47), and I have reviewed the file ohhis
case de novo. 28 U.S.C. § 636(b)(l)(C); McDonnell Douglas Corp. v. Commodore Bus. Mach.,

Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). I conclude that the Findings and Recommendation is
correct.
PAGE 1 - ORDER

CONCLUSION
I ADOPT the Findings and Recommendation of Magistrate Judge Clarke. Petitioner's
Petition for Writ of Habeas Corpus(# 2) is DENIED. I also adopt the Magistrate Judge's
recommendation to decline to issue a certificate of appealability as petitioner has not made a
substantial showing of the denial of a constitutional right pursuant to 28 U.S.C. § 2253(c)(2).
IT IS SO ORDERED.
Dated this

_i_ day of September, 2016.

~~
OWEN M. PANNER
U.S. DISTRICT JUDGE

PAGE 2 - ORDER