Seitzinger v. Nooth

Filing 43

ORDER: The Court ADOPTS Magistrate Judge Beckerman's Findings & Recommendation 39 , and therefore, Petitioner's Amended Habeas Corpus Petition 19 is denied. The Court further declines to issue a Certificate of Appealability because Petitioner has not made a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2). Signed on 1/25/2017 by Judge Marco A. Hernandez. (kms)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
RANDY JOSEPH SEITZINGER,

No. 2:14-cv-01705-SB

Petitioner,
v.
MARK NOOTH, Superintendent,
Snake River Correctional Institution,

ORDER

Respondent.
HERNANDEZ, District Judge:
Magistrate Judge Beckerman issued a Findings & Recommendation (#41) on December
22, 2016, in which she recommends the Court deny Petitioner's Amended Habeas Corpus
Petition and deny a Certificate of Appealability. Petitioner has timely filed objections to the
Findings & Recommendation. The matter is now before me pursuant to 28 U.S.C. § 636(b)(l)
and Federal Rule of Civil Procedure 72(b).
When any party objects to any portion of the Magistrate Judge's Findings &
Recommendation, the district court must make a de nova determination of that portion of the

1-0RDER

Magistrate Judge's report. 28 U.S.C. § 636(b)(l); Dawson v. Marshall, 561F.3d930, 932 (9th
Cir. 2009); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en bane).
I have carefully considered Petitioner's objections and conclude there is no basis to
modify the Findings & Recommendation. I have also reviewed the pertinent portions of the
record de nova and find no other errors in the Magistrate Judge's Findings & Recommendation.
CONCLUSION
The Court ADOPTS Magistrate Judge Beckerman's Findings & Recommendation [39],
and therefore, Petitioner's Amended Habeas Corpus Petition [19] is denied. The Court further
declines to issue a Certificate of Appealability because Petitioner has not made a substantial
showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2).
IT IS SO ORDERED.

~ S"°___ dayof
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DATEDthis _ _

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MARCOA
United States District Judge

2-0RDER

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