Jimenez v. Jacquez

Filing 13

ORDER: The Court adopts Magistrate Judge Russo's Findings and Recommendation (ECF No. 11 ). Accordingly, Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1 ) is DENIED. IT IS SO ORDERED. Signed on 11/14/2023 by Judge Marco A. Hernandez. (Deposited in outgoing mail to pro se party on 11/14/2023.) (dino)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON RAFAEL JIMENEZ, No. 3:23-cv-00104-JR Petitioner, ORDER v. ISRAEL JACQUEZ, Warden, FCI Sheridan, Respondent. HERNÁNDEZ, District Judge: Magistrate Judge Russo issued a Findings and Recommendation on September 27, 2023, in which she recommends that the Court deny Petitioner’s Petition for Writ of Habeas Corpus. F&R, ECF 11. 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). Because no objections to the Magistrate Judge’s Findings and Recommendation were timely filed, the Court is relieved of its obligation to review the record de novo. United States v. 1 – ORDER Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); see also United States v. 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, the Court finds no error. CONCLUSION The Court adopts Magistrate Judge Russo’s Findings and Recommendation [11]. Accordingly, Petitioner’s Petition for Writ of Habeas Corpus [1] is DENIED. IT IS SO ORDERED. DATED: __________________________. November 14, 2023 MARCO A. HERNÁNDEZ United States District Judge 2 – ORDER

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