Hoskins v. Premo

Full title: PHILLIP LEROY HOSKINS, Petitioner, v. JEFF PREMO, Superintendent, Oregon…

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

Date published: Jun 15, 2015

Civ. No. 6:13-cv-00930-SU (D. Or. Jun. 15, 2015)

Opinion

Civ. No. 6:13-cv-00930-SU

06-15-2015

PHILLIP LEROY HOSKINS, Petitioner, v. JEFF PREMO, Superintendent, Oregon State Penitentiary, Respondent.

MCSHANE, Judge

OPINION AND ORDER

MCSHANE, Judge:

Petitioner, pro se, brings this petition seeking habeas corpus relief under 28 U.S.C. § 2254. Petitioner seeks to challenge state court convictions for Rape in the First Degree, ORS § 163.375, Sexual Abuse in the Second Degree, ORS § 163.425, and Rape in the Third Degree, ORS § 163.355, because of ineffective assistance of counsel. See Respondent's Exs. 2, 4-5, ECF No. 30-1.¹ Magistrate Judge Patricia Sullivan issued a Findings and Recommendation (F&R) on May 15, 2015, recommending denial. The matter is now before this Court. See 28 U.S.C. § 636(b)(1)(B); Fed. R. Civ. P. 72(b).

1 Petitioner asserted fifteen claims of ineffective assistance of counsel. See Petition Writ Habeas Corpus 3-5, ECF No. 2.

Because no objections to the F&R were timely filed, this Court reviews only the legal principles de novo. See United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); see also United States v. Bernhardt, 840 F.2d 1441, 1445 (9th Cir. 1988). Upon review, this Court finds no error in Judge Sullivan's F&R, ECF No. 46.

CONCLUSION

This Court ADOPTS Judge Sullivan's F&R, ECF No. 46, in full. Petitioner Hoskins's petition for writ of habeas corpus, ECF No. 2, is DENIED. IT IS SO ORDERED.

DATED this 15 day of June, 2015.

/s/ _________

Michael J. McShane

United States District Judge