Hilton v. Premo

Full title: ERIC LEHMON HILTON, Petitioner, v. JEFF PREMO, Superintendent Oregon State…

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

Date published: Jan 23, 2017

2:13-CV-00246-YY (D. Or. Jan. 23, 2017)

Opinion

2:13-CV-00246-YY

01-23-2017

ERIC LEHMON HILTON, Petitioner, v. JEFF PREMO, Superintendent Oregon State Penitentiary, Respondent.

BROWN, Judge.

ORDER

BROWN, Judge.

Magistrate Judge Youlee Yim You issued Findings and Recommendation (#92) on October 11, 2016, in which she recommends the Court deny Petitioner Eric Lehmon Hilton's Petition (#2) for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254; enter a judgment dismissing the matter with prejudice; and decline to issue a certificate of appealability. 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 You's Findings and Recommendation (#92) and, therefore, DENIES the Petition (#2) for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254; DISMISSES this matter with prejudice; and DECLINES to issue a certificate of appealability.

IT IS SO ORDERED.

DATED this 23^rd day of January, 2017.

/s/_________

ANNA J. BROWN

United States District Judge