Gonzales v. Cain, No. 2:2019cv00830 - Document 33 (D. Or. 2021)

Court Description: OPINION AND ORDER: ADOPTING Findings & Recommendation 29 . Signed on 8/3/2021 by Judge Ann L. Aiken. (ck)

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Gonzales v. Cain Doc. 33 Case 2:19-cv-00830-MK Document 33 Filed 08/03/21 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON ROBERT GONZALES, Case No. 2:19-cv-00830-MK OPINION AND ORDER Petitioner, vs. BRAD CAIN, Respondent. AIKEN, District Judge: United States Magistrate Judge Mustafa T. Kasubhai issued his Findings and Recommendation (“F&R”) (doc. 29) in this case on January 14, 2021. In the F&R, Judge Kasubhai recommended that petitioner’s Petition for Writ of Habeas Corpus (doc. 2) be denied as untimely and that a Certificate of Appealability also be denied. The matter is now before the Court pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b). Petitioner filed timely objections and respondent responded. Docs. 31,32. Accordingly, the Court must “make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” Page 1 – OPINION AND ORDER Dockets.Justia.com Case 2:19-cv-00830-MK Document 33 Filed 08/03/21 Page 2 of 2 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3); Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc). I have carefully considered petitioner’s objections and conclude there is no basis to modify the F&R. I have also reviewed the pertinent portions of the record de novo and find no errors in Judge Kasubhai’s F&R. Accordingly, the Court ADOPTS the F&R (doc. 29). IT IS SO ORDERED. Dated this 3rd ___ day of August 2021. __________________________ /s/Ann Aiken Ann Aiken United States District Judge Page 2 – OPINION AND ORDER

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