Moore v. Feather

Full title: WILLIAM G. MOORE, Petitioner, v. UNITED STATES OF AMERICA and MARION…

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

Date published: Oct 28, 2015

3:15-CV-00484-JE (D. Or. Oct. 28, 2015)

Opinion

3:15-CV-00484-JE

10-28-2015

WILLIAM G. MOORE, Petitioner, v. UNITED STATES OF AMERICA and MARION FEATHER, Respondents.

BROWN, Judge.

ORDER

BROWN, Judge.

Magistrate Judge John Jelderks issued Findings and Recommendation (#26) on September 10, 2015, in which he recommends the Court deny Petitioner William G. Moore's Petition (#2) for Writ of Habeas Corpus, deny Petitioner's Motion (#25) for Immediate Release, 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 (9^th Cir. 2009); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9^th Cir. 2003)(en banc).

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 Jelderks's Findings and Recommendation (#26) and, accordingly, DENIES the Petition (#2) for Writ of Habeas Corpus, DENIES Petitioner's Motion (#25) for Immediate Release, and DECLINES to issue a certificate of appealability.

IT IS SO ORDERED.

DATED this 28^th day of October, 2015.

/s/ Anna J. Brown

ANNA J. BROWN

United States District Judge