Opinion
3:11-cv-00696-PK
03-11-2013
PHILIP W. McCLURE, Petitioner, v. JEFF PREMO, Superintendent, Oregon State Penitentiary, Respondent.
Philip W. McClure SID #5072942 Pro Se Petitioner Ellen F. Rosenblum Attorney General Kristen E. Boyd Assistant Attorney General DEPARTMENT OF JUSTICE Attorneys for Respondent
ORDER
Philip W. McClure
SID #5072942
Pro Se Petitioner Ellen F. Rosenblum
Attorney General
Kristen E. Boyd
Assistant Attorney General
DEPARTMENT OF JUSTICE
Attorneys for Respondent HERNANDEZ, District Judge:
Magistrate Judge Paul Papak issued a Findings and Recommendation (doc. #30) on December 11, 2012, recommending that the Petition for Writ of Habeas Corpus (doc. #2) filed by Philip W. McClure be denied, and that judgment be entered dismissing this action with prejudice.
McClure filed timely objections to the Magistrate Judge's Findings and Recommendation. The matter is now before me pursuant to 28 U.S.C. § 636(b)(1) and rule 72(b) of the Federal Rules of Civil Procedure.
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 McClure's objections and conclude that his objections do not provide a basis to modify the Findings and 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 the Magistrate Judge's Findings and Recommendation (doc. #30). Accordingly, McClure's Petition for Writ of Habeas Corpus (doc. #2) is DENIED, and this action is dismissed with prejudice.
IT IS SO ORDERED.
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MARCO A. HERNANDEZ
United States District Judge