Murphy v. Laney

Filing 24

ORDER: The Court ADOPTS Magistrate Judge Russo's Findings and Recommendation 20 . Accordingly, the Petition for Writ of Habeas Corpus is DENIED and this case is dismissed with prejudice. A certificate of appealability is denied becaus e Petitioner has not made a substantial showing of the denial of a constitutional right. See 28 U.S.C. § 2253(c)(2). Signed on 2/16/2021 by Judge Marco A. Hernandez. (Deposited in outgoing mail to pro se party on 2/17/2021.) (dsg)

Case 6:19-cv-01185-JR

Document 24

Filed 02/16/21

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

ROBERT DOYLE MURPHY,
Petitioner,

No. 6:19-cv-01185-JR
ORDER

v.
GARRETT LANEY,
Respondent.
HERNÁNDEZ, District Judge:
Magistrate Judge Russo issued a Findings and Recommendation on November 3, 2020, in
which she recommends that the Court deny the Petition for Writ of Habeas Corpus and enter a
judgment of dismissal. F&R, ECF 20. 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).

1 - ORDER

Case 6:19-cv-01185-JR

Document 24

Filed 02/16/21

Page 2 of 2

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.
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 [20].
Accordingly, the Petition for Writ of Habeas Corpus is DENIED and this case is dismissed with
prejudice. A certificate of appealability is denied because Petitioner has not made a substantial
showing of the denial of a constitutional right. See 28 U.S.C. § 2253(c)(2).
IT IS SO ORDERED.

DATED: __________________________.
February 16, 2021

MARCO A. HERNÁNDEZ
United States District Judge

2 - ORDER