Downs v. Oregon Board of Parole

Filing 19

ORDER ADOPTING FINDINGS AND RECOMMENDATION: Magistrate Judge Kasubhai's Findings and Recommendation (ECF No. 15 ) is ADOPTED, and the Petition for Writ of Habeas Corpus (ECF No. 1 ) is DENIED. A Certificate of Appealability is DENIED on the basis that Petitioner has not made a substantial showing of the denial of a constitutional right. See 28 U.S.C. § 2253(c)(2). 15 . Signed on 11/14/2023 by Judge Michael J. McShane. (Deposited in outgoing mail to pro se party on 11/15/2023.) (bd)

UNITED STATES DISTRICT COURT
DISTRICT OF OREGON

ELIZABETH DIANE DOWNS,

Case No. 3:22-cv-01993-MK

Petitioner,
v.

ORDER ADOPTING
FINDINGS AND
RECOMMENDATION

OREGON BOARD OF PAROLE,
Respondent.
_____________________________
MCSHANE, District Judge.
Petitioner brought this federal habeas action pursuant to 28 U.S.C. § 2254 and challenged
a 2020 decision of the Oregon Board of Parole and Post-Prison Supervision deferring
Petitioner’s parole consideration date. Magistrate Judge Kasubhai issued Findings and
Recommendations and recommends that the Petition be denied. The matter is now before this
Court. See 28 U.S.C. § 636(b)(1)(B), Fed. R. Civ. P. 72.
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- ORDER ADOPTING FINDINGS AND RECOMMENDATION

Plaintiff filed timely objections to the Findings and Recommendation. Accordingly, I
have reviewed the file of this case de novo. See 28 U.S.C. § 636(b)(1)(c); McDonnell Douglas
Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). I find no error and
conclude the recommendation is correct.
Accordingly, Magistrate Judge Kasubhai’s Findings and Recommendation (ECF No. 15)
is ADOPTED, and the Petition for Writ of Habeas Corpus (ECF No. 1) is DENIED. A
Certificate of Appealability is DENIED on the basis that Petitioner has not made a substantial
showing of the denial of a constitutional right. See 28 U.S.C. § 2253(c)(2).
Dated this 14th day of November, 2023.

s/ Michael J. McShane
MICHAEL J. MCSHANE
United States District Judge

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- ORDER ADOPTING FINDINGS AND RECOMMENDATION