Ellis v. Nooth

Filing 14

ORDER - The Court ADOPTS Magistrate Judge Coffin's Findings & Recommendation 12 . Accordingly, Petitioner's Petition for Writ of Habeas Corpus 2 is denied. The Court declines to issue a Certificate of Appealability on the basis that petitioner has not made a substantial showing of the denial of a constitutional right pursuant to 28 U.S.C. § 2253(c)(2). Signed on 12/17/2016 by Judge Marco A. Hernandez. (pg)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
JASON MICHAEL ELLIS,

No. 2:16-cv-00449-TC

Petitioner,
v.
MARK NOOTH,

ORDER
Respondent.

HERNANDEZ, District Judge:
Magistrate Judge Coffin issued a Findings and Recommendation (#12) on November 3,
2016, in which he recommends that this Court deny Petitioner's petition for habeas corpus and
decline to issue a certificate of appealability. The matter is now before me pursuant to 28 U.S.C.
§ 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b).
Because no objections to the Magistrate Judge's Findings and Recommendation were
timely filed, I am relieved of my obligation to review the record de novo. United States v.
Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); see also United States v. Bernhardt,
840 F.2d 1441, 1444 (9th Cir. 1988) (de novo review required only for portions of Magistrate
Judge's report to which objections have been made). Having reviewed the legal principles de
1 - ORDER

novo, I find no error.
CONCLUSION
The Court ADOPTS Magistrate Judge Coffin's Findings & Recommendation [12].
Accordingly, Petitioner's Petition for Writ of Habeas Corpus [2] is denied. The Court declines
to issue a Certificate of Appealability on the basis that 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 17

day of

December

, 2016.

MARCO A. HERNANDEZ
United States District Judge

2 - ORDER