Maney v. Persson

Full title: PAUL JULIAN MANEY, Plaintiff, v. ROB PERSSON, Superintendent, Defendant.

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

Date published: May 5, 2017

6:15-cv-00259-JE (D. Or. May. 5, 2017)

Opinion

6:15-cv-00259-JE

05-05-2017

PAUL JULIAN MANEY, Plaintiff, v. ROB PERSSON, Superintendent, Defendant.

BROWN, Judge.

ORDER

BROWN, Judge.

Magistrate Judge John Jelderks issued Findings and Recommendation (#64) on March 24, 2017, in which he recommends the Court deny Plaintiff Paul Julian Maney's Petition (#1) for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254, dismiss this matter with prejudice, and deny a certificate of appealability. Plaintiff 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.

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)(A) and Federal Rule of Civil Procedure 72(b). 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 Plaintiff merely reiterates the arguments in his Petition and Brief in Support of Petition. This Court has carefully considered Plaintiff'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.

In his Objections to the Findings and Recommendation, the Court notes Petitioner repeats his Objections (#58) to the Magistrate Judge's Order (#57) issued November 21, 2016, in which the Magistrate Judge denied Petitioner's Motion (#48) for Discovery. This Court, however, previously affirmed Magistrate Judge Jelderks's Order (#57) on January 24, 2017, and, therefore, does not need to address Petitioner's Objections again. See Order #62 (issued Jan. 24, 2017).

CONCLUSION

The Court ADOPTS Magistrate Judge Jelderks's Findings and Recommendation (#64), DENIES the Petition (#1) for Writ of Habeas Corpus, DISMISSES this matter with prejudice, and DENIES a certificate of appealability.

IT IS SO ORDERED.

DATED this 5th day of May, 2017.

/s/ Anna J. Brown

ANNA J. BROWN

United States District Judge