Opinion
Civil Case No. 09-1161-SU.
June 22, 2010
Howard Lowell Swantz, #14840682, EOCI, Pendleton, Oregon, Pro Se Petitioner.
John R. Kroger, Attorney General, Summer R. Gleason, Senior Assistant Attorney General, Department of Justice, Salem, Oregon, Attorney for Respondent.
ORDER
The Honorable Patricia Sullivan, United States Magistrate Judge, filed Findings and Recommendation on May 20, 2010. Petitioner filed timely objections to the Findings and Recommendation.
When either party objects to any portion of a magistrate's Findings and Recommendation concerning a dispositive motion or prisoner petition, the district court must make a de novo determination of that portion of the magistrate's report. 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b);McDonnell Douglas Corp. v. Commodore Business Machines. Inc., 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982). This court has, therefore, given de novo review of the rulings of Magistrate Judge Sullivan.
This court ADOPTS the Findings and Recommendation of Magistrate Judge Sullivan (#15) dated May 20, 2010 in its entirety.
IT IS HEREBY ORDERED that Petitioner's Petition for Writ of Habeas Corpus (#2) is denied and this case is dismissed with prejudice. Because petitioner has not made substantial showing of the denial of a constitutional right, a certificate of appealability is DENIED. See 28 U.S.C. § 2253(c)(2). Petitioner's Motion for Appointment of Counsel (#13) is denied.