Marigny v. Ives

Filing 14

ORDER: Adopting the Magistrate's Findings and Recommendation 11 . Petitioner's Petition for Writ of Habeas Corpus 1 is Denied. Additionally, the Court declines to issue a Certificate of Appealability because Mr. Marigny has not made a substantial showing of the denial of a constitutional right pursuant to 28 U.S.C. § 2253(c)(2). Signed on 4/20/17 by Judge Marco A. Hernandez. (gm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

HERMAN MARIGNY,
Petitioner,

No. 3:16-cv-01921-PK
ORDER

v.

RICHARD B. IVES, Warden,
Respondent.

HERNÁNDEZ, District Judge:
Magistrate Judge Paul Papak issued a Findings and Recommendation [11] on January 17,
2017, in which he recommends that this Court deny Mr. Marigny’s Petition for Habeas Corpus
Relief [1] under 28 U.S.C. § 2254. 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 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.

1 – ORDER

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 novo, I find no error.
CONCLUSION
The Court ADOPTS Magistrate Judge Papak’s Findings & Recommendation [11].
Accordingly, Mr. Marigny’s Petition for Habeas Corpus Relief [1] is denied. Additionally, the
Court declines to issue a Certificate of Appealability because Mr. Marigny 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

, 2017.

________
MARCO A. HERNÁNDEZ
United States District Judge

2 – ORDER