LARSEN v. PREMO, 6:11-cv-01324-HU. (2015)
Court: District Court, D. Oregon
Number: infdco20150223a62
Visitors: 15
Filed: Feb. 17, 2015
Latest Update: Feb. 17, 2015
Summary: ORDER MARCO A. HERN NDEZ, District Judge. Magistrate Judge Hubel issued a Findings and Recommendation [64] on December 1, 2014, in which he recommends that this Court deny Petitioner's petition for a writ of habeas corpus [2] and dismiss this proceeding with prejudice. Additionally, Magistrate Judge Hubel recommends that this Court deny Petitioner a certificate of appealability. The matter is now before me pursuant to 28 U.S.C. 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b). Plainti
Summary: ORDER MARCO A. HERN NDEZ, District Judge. Magistrate Judge Hubel issued a Findings and Recommendation [64] on December 1, 2014, in which he recommends that this Court deny Petitioner's petition for a writ of habeas corpus [2] and dismiss this proceeding with prejudice. Additionally, Magistrate Judge Hubel recommends that this Court deny Petitioner a certificate of appealability. The matter is now before me pursuant to 28 U.S.C. 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b). Plaintif..
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ORDER
MARCO A. HERNÁNDEZ, District Judge.
Magistrate Judge Hubel issued a Findings and Recommendation [64] on December 1, 2014, in which he recommends that this Court deny Petitioner's petition for a writ of habeas corpus [2] and dismiss this proceeding with prejudice. Additionally, Magistrate Judge Hubel recommends that this Court deny Petitioner a certificate of appealability. The matter is now before me pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b).
Plaintiff filed timely objections to the Magistrate Judge's Findings & Recommendation. When any party objects to any portion of the Magistrate Judge's Findings & Recommendation, the district court must make a de novo determination of that portion of the Magistrate Judge's report. 28 U.S.C. § 636(b)(1); 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 Plaintiff's objections and conclude there is no basis to modify the Findings & Recommendation. I have also reviewed the pertinent portions of the record de novo and find no other errors in the Magistrate Judge's Findings & Recommendation.
CONCLUSION
The Court ADOPTS Magistrate Judge Hubel's Findings & Recommendation [64]. Accordingly, this case is dismissed with prejudice. In addition, the Court denies a certificate of appealability.
IT IS SO ORDERED.
Source: Leagle
