Harper v. Washburn

Full title: DANIEL ZACHARY HARPER, Plaintiff, v. S. WASHBURN, Defendant.

Court: United States District Court, District of Oregon

Date published: Feb 14, 2022

Civ. 2:21-cv-00184-MK (D. Or. Feb. 14, 2022)

Opinion

Civ. 2:21-cv-00184-MK

02-14-2022

DANIEL ZACHARY HARPER, Plaintiff, v. S. WASHBURN, Defendant.

Michael McShane United States District Judge

ORDER

Michael McShane United States District Judge

Magistrate Judge Mustafa Kasubhai filed a Findings and Recommendation (ECF No. 26), and the matter is now before this court. See 28 U.S.C. § 636(b)(1)(B), Fed.R.Civ.P. 72(b). Petitioner filed objections to the Findings and Recommendation. ECF Nos. 28. 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 (9^th Cir. 1981).

The Court finds no error and concludes the report is correct. Magistrate Judge Kasubhai's Findings and Recommendation (ECF No. 26) is ADOPTED and the petition (ECF No. 2) is DENIED and this action is DISMISSED, with prejudice. Petitioner's motion for an evidentiary hearing (ECF No. 29) is DENIED. This Court declines to consider arguments or evidence not presented to Magistrate Judge Kasubhai in the first instance.

IT IS SO ORDERED.