Suarez v. State

Full title: RICARDO JOSE SUAREZ, Petitioner, v. STATE OF OREGON, Respondent

Court: United States District Court, D. Oregon, Portland Division

Date published: Oct 12, 2010

10-CV-532-SU (D. Or. Oct. 12, 2010)

Opinion

10-CV-532-SU.

October 12, 2010

RICARDO JOSE SUAREZ, 07480-091, FCI — FORT WORTH, Fort Worth, TX, Plaintiff, Pro Se.

ORDER

ANNA BROWN, District JudgePage 2

Magistrate Judge Patricia Sullivan issued Findings and Recommendation (#4) on July 29, 2010, in which she recommends the Court deny Petitioner's Writ of Coram Nobis Motion to Vacate Sentence (#2) and dismiss this matter. Petitioner filed timely Objections to the Findings and Recommendation. The matter is now before this Court 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). See also Dawson v. Marshall, 561 F.3d 930, 932 (9^th Cir. 2009); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9^th Cir. 2003) ( en banc).

This Court has carefully considered Petitioner's Objections and concludes they do not provide a basis to modify the Findings and Recommendation. The Court also has reviewed the pertinent portions of the record de novo and does not find any error in the Magistrate Judge's Findings and Recommendation.

CONCLUSION

The Court ADOPTS Magistrate Judge Sullivan's Findings and Recommendation (#4) and, therefore, DENIES Petitioner's Writ of Coram Nobis Motion to Vacate Sentence (#2) and DISMISSES this matter.

IT IS SO ORDERED.

DATED this 7^th day of October, 2010.