Opinion
2:14-CV-02005-SB
02-02-2017
CHARLES RAY SHORB, Petitioner, v. MARK NOOTH, Superintendent, Snake River Correctional Institution, Respondent.
ORDER
BROWN, Judge.
Magistrate Judge Stacie F. Beckerman issued Findings and Recommendation (#40) on December 30, 2016, in which she recommends the Court deny Petitioner Charles Ray Shorb's Petition (#1) for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254, enter a judgment dismissing the matter with prejudice, and grant 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 (9th Cir. 2009); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc).
In his Objections Petitioner reiterates the arguments contained in his Petition and Brief in Support of Petition. 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 Beckerman's Findings and Recommendation (#40) and, therefore, DENIES the Petition (#1) for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254, DISMISSES this matter with prejudice, and GRANTS a certificate of appealability.
IT IS SO ORDERED.
DATED this 2nd day of February, 2017.
/s/_________
ANNA J. BROWN
United States District Judge