Beltran v. Jacquez

Filing 19

OPINION & ORDER: Adopting the Magistrate Judge's Findings and Recommendation 11 . Petitioner's Petition for Writ of Habeas Corpus 1 is Denied. The Court declines to issue a Certificate of Appealability on the basis that Petitioner has not made a substantial showing of the denial of a constitutional right pursuant to 28 U.S.C. § 2253(c)(2). Signed on 10/24/24 by Judge Amy M. Baggio. (Deposited in outgoing mail to pro se party on 10/24/24.) (gm)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION ANTHONY JOSEPH BELTRAN, No. 3:23-cv-01888-JR Petitioner, OPINION AND ORDER v. WARDEN JACQUEZ, Respondent. BAGGIO, District Judge, On August 13, 2024, Magistrate Judge Jolie Russo issued her Findings and Recommendation (“F&R”) [ECF 11], recommending that this Court deny the Petition for Writ of Habeas Corpus [ECF 1] and enter a judgment of dismissal. Anthony Joseph Beltran (“Petitioner”) objected [ECF 16] and Warden Israel Jacquez (“Respondent”) responded [ECF 18]. This Court ADOPTS Judge Russo’s F&R [ECF 11]. DISCUSSION The magistrate judge makes only recommendations to the court, to which any party may file written objections. 28 U.S.C. § 636(b)(1)(C). If a party objects, the court “shall make a de novo determination of those portions of the report or specified proposed findings or recommendation to which objection is made.” Id. § 636(b)(1)(C). The court is not, however, 1 – OPINION AND ORDER required to review, de novo or under any other standard, the factual or legal conclusions of the magistrate judge as to those portions of the F&R to which no objections are addressed. Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Ramos, 65 F.4th 427, 433 (9th Cir. 2023). While the level of scrutiny that the court applies to its F&R review depends on whether a party has filed objections, the court is free to accept, reject, or modify any part of the F&R. 28 U.S.C. § 636(b)(1)(C); see also Thomas, 474 U.S. at 154. The Court has carefully considered Petitioner’s objections and concludes that there is no basis to modify the F&R. The Court has also reviewed the pertinent portions of the record de novo and finds no error in the Magistrate Judge’s F&R. CONCLUSION The Court ADOPTS Judge Russo’s Findings and Recommendation [ECF 11]. Therefore, Petitioner’s Petition for Writ of Habeas Corpus [ECF 1] is DENIED. The Court declines to issue a Certificate of Appealability on the basis that Petitioner 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. 24th day of October, 2024. DATED this ____ _______________________ AMY M. BAGGIO United States District Judge 2 – OPINION AND ORDER

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