TRAXLE v. HOEFEL, 07-815-TC. (2012)
Court: District Court, D. Oregon
Number: infdco20120106679
Visitors: 14
Filed: Jan. 04, 2012
Latest Update: Jan. 04, 2012
Summary: ORDER ANN AIKEN, Chief District Judge. Magistrate Judge Coffin filed his Findings and Recommendation on August 3, 2011. Magistrate Judge Coffin recommends that the petition for writ of habeas corpus be denied and this case dismissed, finding that one of petitioner's claims did not raise a federal constitutional issue and that the remaining claims were procedurally defaulted. The matter is now before me. See 28 U.S.C.. 636(b)(1)(B) and Fed. R. Civ. P. 72(b). No objections have been filed. T
Summary: ORDER ANN AIKEN, Chief District Judge. Magistrate Judge Coffin filed his Findings and Recommendation on August 3, 2011. Magistrate Judge Coffin recommends that the petition for writ of habeas corpus be denied and this case dismissed, finding that one of petitioner's claims did not raise a federal constitutional issue and that the remaining claims were procedurally defaulted. The matter is now before me. See 28 U.S.C.. 636(b)(1)(B) and Fed. R. Civ. P. 72(b). No objections have been filed. Th..
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ORDER
ANN AIKEN, Chief District Judge.
Magistrate Judge Coffin filed his Findings and Recommendation on August 3, 2011. Magistrate Judge Coffin recommends that the petition for writ of habeas corpus be denied and this case dismissed, finding that one of petitioner's claims did not raise a federal constitutional issue and that the remaining claims were procedurally defaulted. The matter is now before me. See 28 U.S.C.. § 636(b)(1)(B) and Fed. R. Civ. P. 72(b). No objections have been filed. This relieves me of my obligation to give the factual findings de novo review. Lorin Com. v. Goto & Co., Ltd., 700 F.2d 1202, 1206 (9th Cir. 1982). See also Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed the legal principles de novo, I find no error.
THEREFORE, IT IS HEREBY ORDERED that Magistrate Judge Coffin's Findings and Reconunendation (doc. 111) filed August 3, 2011 is ADOPTED in its entirety. The First Amended Petition for Writ of Habeas Corpus (doc. 52) is DENIED and this case is DISMISSED.
Certificate of Appealability
Should petitioner appeal, a certificate of appealability should be denied as 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.
Source: Leagle
