Opinion
06-CV-457-JE.
April 22, 2008
STEVEN T. WAX, Federal Public Defender, ANTHONY D. BORNSTEIN, Assistant Federal Public Defender, Portland, OR, Attorneys for Petitioner.
HARDY MYERS, Oregon Attorney General, JONATHAN W. DIEHL, Assistant Attorney General, Oregon Department of Justice, Salem, OR, Attorneys for Respondent.
ORDER
Magistrate Judge John Jelderks issued Findings and Recommendation (#36) on February 26, 2008, in which he recommended the Court deny Petitioner Andy Joseph Hahn's Petition for Writ of Habeas Corpus (#2) pursuant to 28 U.S.C. § 2254 and enter a judgment dismissing this matter with prejudice. 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 United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) ( en banc); United States v. Bernhardt, 840 F.2d 1441, 1444 (9th Cir. 1988).
In his Objections, Petitioner reiterates the arguments contained in his Petition. 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 Jelderks's Findings and Recommendation (#36) and, accordingly, DENIES the Petition for Writ of Habeas Corpus (#2) pursuant to 28 U.S.C. § 2254 and DISMISSES this matter with prejudice.IT IS SO ORDERED.