Brown v. Hill

Full title: STACEY BROWN, Petitioner, v. JEAN HILL, Superintendent, Snake River…

Court: United States District Court, D. Oregon

Date published: Feb 7, 2007

05-CV-1393-HU (D. Or. Feb. 7, 2007)

Opinion

05-CV-1393-HU.

February 7, 2007

KENDRA M. MATTHEWS, Ransom Blackman, LLP, Portland, OR, Attorneys for Petitioner. HARDY MYERS, Attorney General, LESTER R. HUNTSINGER, Assistant Attorney General, State of Oregon, Department of Justice, Salem, OR, Attorneys for Respondent.

ORDER

ANNA BROWN, District Judge

Magistrate Judge Dennis James Hubel issued Findings and Recommendation (#32) on October 18, 2006, in which he recommended this Court deny Petitioner Brown's Amended Petition for Writ of Habeas Corpus (#26) and dismiss this proceeding with prejudice. Petitioner Brown 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 Fed.R.Civ.P. 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 United States v. Bernhardt, 840 F.2d 1441, 1444 (9^th Cir. 1988); McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9^th Cir. 1981), cert. denied, 455 U.S. 920 (1982). This Court 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 Hubel's Findings and Recommendation (#32). Accordingly, the Court DENIES Petitioner Brown's Amended Petition for Writ of Habeas Corpus (#26) and DISMISSES this proceeding with prejudice.

IT IS SO ORDERED.