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Collins v. Uribe

United States District Court, Ninth Circuit

December 5, 2013

COREY ANTHONY COLLINS, Petitioner,
v.
DOMINGO URIBE, JR., Warden, Respondent.

ORDER ADOPTING REPORT AND RECOMMENDATION, DISMISSING PETITION, AND DENYING CERTIFICATE OF APPEALABILITY

DANA M. SABRAW, District Judge.

Petitioner Corey Anthony Collins, a state prisoner proceeding pro se, filed a petition for writ of habeas corpus under 28 U.S.C. Section 2254 challenging his conviction and sentence for second degree robbery and participation in a street gang. The petition was referred to United States Magistrate Judge William McCurine, Jr. for a report and recommendation pursuant to 28 U.S.C. Section 636(b)(1)(B) and Civil Local Rule 72.1(d). Respondent filed an answer. Petitioner did not file a traverse, which was due no later than July 26, 2013. ( See Order (1) Lifting Stay and Abeyance of Federal Proceedings, and (2) Requiring Response to Petition, filed May 21, 2013.) On September 12, 2013, the Magistrate Judge issued a Report and Recommendation, recommending to deny the petition.

Petitioner timely objected to the Report and Recommendation after his request for extension of time was granted. ( See Order Granting Petitioner's Request for Extension of Time, filed Oct. 21, 2013.) Respondent did not file a response. In reviewing a magistrate judge's report and recommendation, the district court "shall make a de novo determination of those portions of the report... to which objection is made, " and "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. ยง 636(b)(1). Upon de novo review of the Report and Recommendation and Petitioner's objections, the objections are overruled. The Report and Recommendation is adopted. The petition is denied. Certificate of appealability is denied.

IT IS SO ORDERED.


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