Nemecek v. Causey

Filing 82

ORDER: The Court ADOPTS Magistrate Judge You Findings and Recommendation 78 . Therefore, Petitioner's Amended Petition for a Writ of Habeas Corpus 42 pursuant to 28 U.S.C. § 2254 is DENIED. Because Petitioner has not made a substantial showing of the denial of a constitutional right, a Certificate of Appealability pursuant to 28 U.S.C. § 2253(c)(1)(A) is also DENIED. IT IS SO ORDERED. Signed on 2/23/2022 by Judge Marco A. Hernandez. (pvh)

Case 3:17-cv-00340-YY

Document 82

Filed 02/23/22

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

MICHAEL NEMECEK,
Petitioner,

No. 3:17-cv-00340-YY
ORDER

v.
TIM CAUSEY,
Respondent.

HERNÁNDEZ, District Judge:
Magistrate Judge You issued a Findings and Recommendation on December 21, 2020, in
which she recommends that this Court deny Petitioner’s Amended Petition for Writ of Habeas
Corpus. F&R, ECF 78. The matter is now before the Court pursuant to 28 U.S.C. § 636(b)(1)(B)
and Federal Rule of Civil Procedure 72(b).
Petitioner filed timely objections to the Magistrate Judge’s Findings and
Recommendation. Pet. Obj., ECF 80. When any party objects to any portion of the Magistrate

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Case 3:17-cv-00340-YY

Document 82

Filed 02/23/22

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Judge’s Findings & Recommendation, the district court must make a de novo determination of
that portion of the Magistrate Judge’s report. 28 U.S.C. § 636(b)(1); 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 banc).
The Court has carefully considered Petitioner’s objections and concludes that there is no
basis to modify the Findings & Recommendation. The Court has also reviewed the pertinent
portions of the record de novo and finds no error in the Magistrate Judge’s Findings &
Recommendation.
CONCLUSION
The Court ADOPTS Magistrate Judge You Findings and Recommendation [78].
Therefore, Petitioner’s Amended Petition for a Writ of Habeas Corpus [42] pursuant to 28 U.S.C.
§ 2254 is DENIED. Because Petitioner has not made a substantial showing of the denial of a
constitutional right, a Certificate of Appealability pursuant to 28 U.S.C. § 2253(c)(1)(A) is also
DENIED.
IT IS SO ORDERED.

DATED: _______________________.
February 23, 2022

___________________________
MARCO A. HERNÁNDEZ
United States District Judge

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