Jackson v. Nooth

HERNANDEZ, District Judge

ORDER James Donald Jackson, Jr.
6341425
Snake River Correctional Institution
777 Stanton Blvd
Ontario, OR 97914-8335

Pro Se Petitioner Kristen E. Boyd
State of Oregon
Department of Justice
1162 Court Street, NE
Salem, OR 97301

Attorney for Respondent HERNANDEZ, District Judge:

Magistrate Judge Stewart issued a Findings and Recommendation [65] on April 22, 2014, in which she recommends that the Court dismiss Petitioner's petition for writ of habeas corpus [3] with prejudice. Petitioner timely filed objections to the Findings and Recommendation. The matter is now before me pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b).

When any party objects to any portion of the Magistrate Judge's Findings and 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 Petitioner's objections and conclude that the objections do not provide a basis to modify the recommendation. I have also reviewed the pertinent portions of the record de novo and find no error in the Magistrate Judge's Findings and Recommendation.

The Court adopts Magistrate Judge Stewart's Findings and Recommendation [65]. Therefore, Petitioner's petition for writ of habeas corpus [3] is dismissed with prejudice.

IT IS SO ORDERED.

DATED this 1 day of October, 2014.

/s/_________

MARCO A. HERNANDEZ

United States District Judge