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Maloney v. Belleque

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION
Dec 1, 2011
3:09-CV-1411-PK (D. Or. Dec. 1, 2011)

Opinion

3:09-CV-1411-PK

12-01-2011

CONN J. MALONEY, Petitioner, v. BRIAN BELLEQUE, Respondent.


ORDER

BROWN, Judge.

Magistrate Judge Paul Papak issued Findings and Recommendation (#33) on September 20, 2011, in which he recommends the Court deny Petitioner Conn J. Maloney's Amended Petition (#21) for Writ of Habeas Corpus, dismiss this 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 (9th Cir. 2009); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)(en banc).

In his Objections, Petitioner reiterates the arguments contained in his Amended Petition for Writ of Habeas Corpus, Brief in Support of Petition, and Reply. 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 Papak's Findings and Recommendation (#33) and, therefore, DENIES the Amended Petition (#21) for Writ of Habeas Corpus, DISMISSES this matter with prejudice, and DECLINES to issue a certificate of appealability.

IT IS SO ORDERED.

ANNA J. BROWN

United States District Judge


Summaries of

Maloney v. Belleque

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION
Dec 1, 2011
3:09-CV-1411-PK (D. Or. Dec. 1, 2011)
Case details for

Maloney v. Belleque

Case Details

Full title:CONN J. MALONEY, Petitioner, v. BRIAN BELLEQUE, Respondent.

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION

Date published: Dec 1, 2011

Citations

3:09-CV-1411-PK (D. Or. Dec. 1, 2011)