Turner v. Oregon

Full title: SHELLEY UPTAIN TURNER, Petitioner, v. STATE OF OREGON, et al., Respondents.

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

Date published: Jun 28, 2018

Case No. 3: 16-cv-00314-CL (D. Or. Jun. 28, 2018)

Opinion

Case No. 3: 16-cv-00314-CL

06-28-2018

SHELLEY UPTAIN TURNER, Petitioner, v. STATE OF OREGON, et al., Respondents.

MCSHANE, Judge

OPINION AND ORDER MCSHANE, Judge:

Magistrate Judge Mark D. Clarke filed a Findings and Recommendation ("F&R"), ECF No. 44, and the matter is now before this Court. See 28 U.S.C. § 636(b)(1)(B); Fed. R. Civ. P. 72(b). Petitioner timely filed objections to the F&R. ECF No. 46. Accordingly, I have reviewed the file of this case de novo. See 28 U.S.C. § 636(b)(1)(c); McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). I find no error and conclude that the F&R is correct. Judge Clarke's F&R is adopted in full. Consistent with Judge Clarke's F&R, Ms. Turner's Petition for Writ of Habeas Corpus is DENIED and this case DISMISSED with prejudice. Petitioner's request for a Certificate of Appealability is DENIED.

IT IS SO ORDERED.

DATED this 28th day of June, 2018.

/s/ Michael McShane

Michael J. McShane

United States District Judge