Houff v. Laney, No. 6:2017cv01767 - Document 39 (D. Or. 2019)
Court Description: OPINION AND ORDER: The Court ADOPTS Magistrate Judge Clarke's F&R 33 and therefore petitioner's Petition for Writ of Habeas Corpus 1 is DENIED. A Certificate of Appealability is denied because 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 7/26/2019 by Judge Ann L. Aiken. (Mailed to Pro Se party on 7/26/2019.) (ck)
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Houff v. Laney Doc. 39 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON EUGENE DIVISION vVAYNE HOUFF, Case No. 6:17-cv-01767-CL OPINION AND ORDER Petitioner, vs. GARRETT LANEY, Superintendent, Oregon State Correctional Institution, Respondent. AIKEN, District Judge: United States Magistrate Judge Mark D. Clarke issued a Findings and Recommendation ("F&R") (doc. 33) on May 14, 2019, recommending that Petitioner Wayne Houffs Petition for Writ of Habeas Corpus (doc. 1) be denied. Judge Clarke further recommended petitioner be denied a Certificate of Appealability because petitioner has not made a substantial showing of the denial of a constitutional right under 28 U.S.C. § 2253(c)(2). Petitioner timely filed objections (doc. 37) to the F&R Page 1- OPINION AND ORDER Dockets.Justia.com to which respondent responded (doc. 38). The matter is now before me pursuant to 28 U.S.C. § 636(b)(l) and Federal Rule of Civil Procedure 72(b). When a party objects to any portion of a Magistrate Judge's F &R, the district court must make a de nova determination of that portion of the F&R. 28 U.S.C. § 636(b)(l); 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 bane). 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 nova and find no errors in the F&R. CONCLUSION The Court ADOPTS Magistrate Judge Clarke's F&R (doc. 33) and therefore petitioner's Petition for Writ of Habeas Corpus (doc. 1) is DENIED. A Certificate of Appealability is denied because 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. Dated t h i ~ day of July 2019. Ann Aiken United States District Judge Page 2- OPINION AND ORDER
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