Opinion
No. 2:15-cv-01513-PK
09-07-2017
ROBERT MICHAEL McHALE, Petitioner, v. MARK NOOTH, Superintendent, Snake River Correctional Institution, Respondent.
ORDER :
Magistrate Judge Papak issued a Findings & Recommendation (#50) on July 10, 2017, in which he recommends the Court deny Petitioner's Petition for Writ of Habeas Corpus. Petitioner has timely filed objections to the Findings & 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 & 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 there is no basis to modify the Findings & Recommendation. I have also reviewed the pertinent portions of the record de novo and find no other errors in the Magistrate Judge's Findings & Recommendation.
CONCLUSION
The Court ADOPTS Magistrate Judge Papak's Findings & Recommendation [50], and therefore, Petitioner's Petition for Habeas Corpus [2] is denied.
IT IS SO ORDERED.
DATED this 7 day of September, 2017.
/s/_________
MARCO A. HERNANDEZ
United States District Judge