De la Portilla v. Myrick

Filing 67

OPINION AND ORDER: The Court ADOPTS Magistrate Judge Kasubhai's F&R 60 and therefore, petitioner's Petition for Writ of Habeas Corpus 2 is DENIED and this case is DISMISSED with prejudice. A Certificate of Appealability is denied because 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 7/3/2019 by Judge Ann L. Aiken. (ck)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

JOSE A. DE LA PORTILLA,
Petitioner,

Case No. 2:16-cv-01365-MK
OPINION AND ORDER

vs.
J. MYRICK, Superintendent, TRCI,
Respondent.
AIKEN, District Judge:
Magistrate Judge Mustafa T. Kasubhai issued a Findings & Recommendation
(F&R) (doc. 60) on March 21, 2019, recommending that Petitioner Jose De la Portilla's
Petition for Writ of Habeas Corpus (doc. 2) be denied and dismissed with prejudice.
Petitioner timely filed objections (doc. 65) to the F&R to which respondent responded
(doc. 66). The matter is now before me pursuant to 28 U.S.C. § 636(b)(l) and Federal
Rule of Civil Procedure 72(b).
When a party objects to any portion of the Magistrate Judge's F&R, the district
court must make a de nova determination of that portion of the Magistrate Judge's

1 - OPINION AND ORDER

report. 28 U.S.C. § 636(b)(l); Dawson v. Marshall, 561 F.3d 930, 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 F&R. I have also reviewed the pertinent portions of the record de

novo and find no errors in the Magistrate Judge's Findings & Recommendation.
CONCLUSION
The Court ADOPTS Magistrate Judge Kasubhai's F&R (doc. 60) and therefore,
petitioner's Petition for Writ of Habeas Corpus (doc. 2) is DENIED and this case is
DISMISSED with prejudice.

A Certificate of Appealability is denied because

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

3 ~ y of July 2019.

Ann Aiken
United States District Judge

2 - OPINION AND ORDER