Loveless v. State of Oregon

Filing 61

ORDER: Magistrate Judge Kasubhai's Findings and Recommendation 57 is adopted in full. The petition is denied and this action is dismissed, with prejudice. Because petitioner has not made a substantial showing of the denial of a constitutional right, petitioner is not entitled to a certificate of appealability. Signed on 6/20/2019 by Judge Michael J. McShane. (Mailed to Pro Se party on 6/21/2019.) (cp)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
RICARDO ANGEL LOVELESS,

Petitioner,

Civ. No. 6:17-cv-00176-MK
ORDER

v.
STATE OF OREGON,
Respondent.
_____________________________
MCSHANE, Judge:
Magistrate Judge Mustafa T. Kasubhai filed a Findings and Recommendation (ECF No.
57), and the matter is now before me. See 28 U.S.C. § 636(b)(1)(B), Fed. R. Civ. P. 72(b).
Petitioner filed 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 report is correct.
1 –ORDER

Magistrate Judge Kasubhai’s Findings and Recommendation (ECF No. 57) is adopted in
full. The petition is DENIED and this action is DISMISSED, with prejudice. Because petitioner
has not made a substantial showing of the denial of a constitutional right, petitioner is not
entitled to a certificate of appealability.
IT IS SO ORDERED.
DATED this 20th day of July, 2019.

_______/s/ Michael J. McShane________
Michael McShane
United States District Judge

2 –ORDER