Bautista v. Nooth

Filing 43

Order. The Court DENIES Petitioner a Certificate of Appealability. Signed on 07/12/2011 by Judge Anna J. Brown. See 2 page Order. (bb)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION

ENRIQUE R. BAUTISTA,
Petitioner,

08-CV-546-PK
ORDER

v.
MARK NOOTH,
Respondent.

BROWN, Judge.
Magistrate Judge Paul Papak issued Findings and
Recommendation (#35) on March 15, 2011, in which he recommended
the Court deny the Petition (#1) for Writ of Habeas Corpus of
Petitioner Enrique R. Bautista, dismiss this matter with
prejudice, and deny a Certificate of Appealability.

Petitioner

filed timely Objections to the Findings and Recommendation.
On May 31, 2011, the Court entered an Order in which it
concluded Petitioner's Objections did not provide a basis to
1 - ORDER

modify the Findings and Recommendation, adopted the Findings and
Recommendation, and dismissed this matter with prejudice.
In its May 31, 2011, Order, the Court inadvertently failed
to set out specifically that it also denied a Certificate of
Appealability for the reasons set out by the Magistrate Judge in
the Findings and Recommendation.

Accordingly, in this Order, the

Court denies Petitioner a Certificate of Appealability because he
has not made a substantial showing of the denial of a
constitutional right pursuant to 28 U.S.C. § 2253(c)(2), and,
therefore, this matter is not appropriate for appellate review.

CONCLUSION
The Court DENIES Petitioner a Certificate of Appealability.
IT IS SO ORDERED.
DATED this 12th day of July, 2011.
/s/ Anna J. Brown
ANNA J. BROWN
United States District Judge

2 - ORDER