Rohde v. Nooth

Full title: LUKE W. ROHDE, Petitioner, v. MARK NOOTH, Superintendent, Snake River…

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

Date published: Jan 20, 2017

2:14-CV-01914-AC (D. Or. Jan. 20, 2017)

Opinion

2:14-CV-01914-AC

01-20-2017

LUKE W. ROHDE, Petitioner, v. MARK NOOTH, Superintendent, Snake River Correctional Institution, Respondent.

BROWN, Judge.

ORDER

BROWN, Judge.

Magistrate Judge John V. Acosta issued Findings and Recommendation (#32) on November 9, 2016, in which he recommends the Court deny Petitioner Luke W. Rohde's Petition (#2) for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254; enter a judgment dismissing the 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 (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 Acosta's Findings and Recommendation (#32) and, therefore, DENIES the Petition (#2) for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254; DISMISSES this matter with prejudice; and DECLINES to issue a certificate of appealability.

IT IS SO ORDERED.

DATED this 20^th day of January, 2017.

/s/_________

ANNA J. BROWN

United States District Judge