Long v. Coursey

Full title: BRANDON M. LONG, Petitioner, v. RICHARD COURSEY, Respondent.

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

Date published: Dec 16, 2015

2:13-CV-02139-SB (D. Or. Dec. 16, 2015)

Opinion

2:13-CV-02139-SB

12-16-2015

BRANDON M. LONG, Petitioner, v. RICHARD COURSEY, Respondent.

BROWN, Judge.

ORDER

BROWN, Judge.

Magistrate Judge Stacie F. Beckerman issued Findings and Recommendation (#42) on October 6, 2015, in which she recommends the Court deny Petitioner Brandon M. Long's Petition (#2) for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 and grant a certificate of appealability on the issues of whether Petitioner's sentence violates Blakely (Ground for Relief One) and whether defense counsel was ineffective for failing to advise Petitioner of his right to have a jury determine sentencing factors (Ground for Relief Three). 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).

In his Objections Petitioner reiterates the arguments contained in his Petition and Memorandum in Support of 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 Beckerman's Findings and Recommendation (#42), DENIES the Petition (#2) for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254, DISMISSES this matter with prejudice, and GRANTS a certificate of appealability on the issues of whether Petitioner's sentence violates Blakely (Ground for Relief One) and whether defense counsel was ineffective for failing to advise Petitioner of his right to have a jury determine sentencing factors (Ground for Relief Three).

IT IS SO ORDERED.

DATED this 16^th day of December, 2015.

/s/_________

ANNA J. BROWN

United States District Judge