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Kester v. Premo

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON
Jul 28, 2014
No. 6:12-cv-01056-HU (D. Or. Jul. 28, 2014)

Opinion

No. 6:12-cv-01056-HU

07-28-2014

DANIEL KESTER, Petitioner, v. JEFF PREMO, Superintendent, Oregon State Penitentiary, Respondent.

Kristina S. Hellman Federal Public Defender's Office 101 SW Main Street, Suite 1700 Portland, OR 97204 Attorney for Petitioner Kristen E. Boyd State of Oregon Department of Justice 1162 Court Street, NE Salem, OR 97301 Attorney for Respondent


ORDER Kristina S. Hellman
Federal Public Defender's Office
101 SW Main Street,
Suite 1700
Portland, OR 97204

Attorney for Petitioner Kristen E. Boyd
State of Oregon
Department of Justice
1162 Court Street, NE
Salem, OR 97301

Attorney for Respondent HERNÁNDEZ, District Judge:

Magistrate Judge Hubel issued a Findings and Recommendation [39] on June 19, 2014, in which he recommends that the Court deny Petitioner's amended habeas petition [23]. Petitioner timely filed objections to the Findings and Recommendation. The matter is now before me 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); Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc).

I have carefully considered Petitioner's objections and conclude that the objections do not provide a basis to modify the recommendation. I have also reviewed the pertinent portions of the record de novo and find no error in the Magistrate Judge's Findings and Recommendation.

CONCLUSION

The Court adopts Magistrate Judge Hubel's Findings and Recommendation [39]. Therefore, Petitioner's amended habeas petition [23] is denied.

IT IS SO ORDERED.

DATED this 28 day of July, 2014.

/s/________

MARCO A. HERNÁNDEZ

United States District Judge


Summaries of

Kester v. Premo

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON
Jul 28, 2014
No. 6:12-cv-01056-HU (D. Or. Jul. 28, 2014)
Case details for

Kester v. Premo

Case Details

Full title:DANIEL KESTER, Petitioner, v. JEFF PREMO, Superintendent, Oregon State…

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

Date published: Jul 28, 2014

Citations

No. 6:12-cv-01056-HU (D. Or. Jul. 28, 2014)