Tovar v. Feather

Filing 16

ORDER: The Court ADOPTS Magistrate Judge Sullivan's Findings & Recommendation 12 . Accordingly, Mr. Tovar's Petition for Writ of Habeas Corpus 2 is denied. Additionally, the Court declines to issue a Certificate of Appealability because Mr. Tovar has not made a substantial showing of the denial of a constitutional right pursuant to 28 U.S.C. § 2253(c)(2). See 2-page order attached. Signed on 1/28/2016 by Judge Marco A. Hernandez. (mr)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

IRVIN PENA TOVAR,
Petitioner,

v.

No. 3:15-cv-00938-SU

ORDER

MARION FEATHER,
Respondent.

HERNÁNDEZ, District Judge:
Magistrate Judge Sullivan issued a Findings and Recommendation [44] on December 1,
2015, in which she recommends that this Court deny as moot Mr. Tovar’s Petition for Writ of
Habeas Corpus [2] under U.S.C. § 2241. The matter is now before me under 28 U.S.C. §
636(b)(1)(B) and Federal Rule of Civil Procedure 72(b).
Because neither party timely filed an objection to the Magistrate Judge's Findings and
Recommendation, 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,

1 – ORDER

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
novo, the Court finds no error. I note that Judge Sullivan recommends dismissing Mr. Tovar’s
petition because he is no longer in federal custody, and thus his petition for habeas relief is moot.
CONCLUSION
The Court ADOPTS Magistrate Judge Sullivan’s Findings & Recommendation [12].
Accordingly, Mr. Tovar’s Petition for Writ of Habeas Corpus [2] is denied. Additionally, the
Court declines to issue a Certificate of Appealability because Mr. Tovar 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

day of

, 2015.

____
MARCO A. HERNÁNDEZ
United States District Judge

2 – ORDER

____