Gordon v. Franke

Filing 52

ORDER: The Court ADOPTS Magistrate Judge Hubel's F&R 46 . Accordingly, the Petition for Writ of Habeas Corpus 3 is DENIED and a certificate of appealability is DENIED because the Petitioner has not made a substantial showing of the denial of a constitutional right. See 2-page order attached. Signed on 3/2/2015 by Judge Marco A. Hernandez. (mr)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

DENNIS LEROY GORDON,
Petitioner,
v.
STEVEN FRANKE, Superintendent,
Two Rivers Correctional Institution,
Respondent.

Anthony D. Bornstein
Federal Public Defender’s Office
101 S.W. Main Street, Suite 1700
Portland, Oregon 97204
Attorney for Petitioner

Kristen E. Boyd
State of Oregon Department of Justice
1162 Court Street, N.E.
Salem, Oregon 97301
Attorney for Respondent

1 - ORDER

No. 2:13-cv-00052-HU
ORDER

HERNÁNDEZ, District Judge:
Magistrate Judge Dennis J. Hubel issued a Findings and Recommendation (F&R) [46] on
December 1, 2014, recommending that the Petition for Writ of Habeas Corpus [3] be denied and
that a certificate of appealability be denied because Petitioner has not made a substantial showing
of the denial of a constitutional right. Petitioner filed timely objections to the F&R. The matter
is now before me pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b).
When any party objects to any portion of the Magistrate Judge’s Findings and
Recommendation, the district court must make a de novo determination of that portion of the
Magistrate Judge’s report. 28 U.S.C. § 636(b)(1); Dawson v. Marshall , 561 F.3d 930, 932 (9th
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Cir. 2009); United States v. Reyna-Tapia , 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc).
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I have carefully considered Petitioner’s objections and conclude that the objections do not
provide a basis to modify the F&R. I have also reviewed the pertinent portions of the record de
novo and find no error in the Magistrate Judge’s F&R.
CONCLUSION
The Court ADOPTS Magistrate Judge Hubel’s F&R [46]. Accordingly, the Petition for
Writ of Habeas Corpus [3] is DENIED and a certificate of appealability is DENIED because the
Petitioner has not made a substantial showing of the denial of a constitutional right.
IT IS SO ORDERED.

DATED this

day of February 2015.

MARCO A. HERNÁNDEZ
United States District Judge

2 - ORDER