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Traxle v. Hoefel

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON
Jan 4, 2012
Civ. No. 07-815-TC (D. Or. Jan. 4, 2012)

Opinion

Civ. No. 07-815-TC

01-04-2012

TAMMY RAE TRAXLE, Petitioner, v. WILLIAM HOEFEL, Respondent.


ORDER

Aiken, Chief Judge:

Magistrate Judge Coffin filed his Findings and Recommendation on August 3, 2011. Magistrate Judge Coffin recommends that the petition for writ of habeas corpus be denied and this case dismissed, finding that one of petitioner's claims did not raise a federal constitutional issue and that the remaining claims were procedurally defaulted. The matter is now before me. See 28 U.S.C. § 636(b)(1)(B) and Fed. R. Civ. P. 72(b). No objections have been filed. This relieves me of my obligation to give the factual findings de novo review. Lorin Corp. v. Goto & Co., Ltd., 700 F.2d 1202,1206 (9th Cir. 1982). See also Britt v. Simi Valley Unified School Dist., 708 F.2d 452,454 (9th Cir. 1983). Having reviewed the legal principles de novo. I find no error.

THEREFORE, IT IS HEREBY ORDERED that Magistrate Judge Coffin's Findings and Recommendation (doc. 1ll) filed August 3, 2011 is ADOPTED in its entirety. The First Amended Petition for Writ of Habeas Corpus (doc. 52) is DENIED and this case is DISMISSED.

Certificate of Appealability

Should petitioner appeal, a certificate of appealability should be denied as petitioner has not made a substantial showing of the denial of a constitutional right. See 28 U.S.C. § 2253 (c) (2). IT IS SO ORDERED.

_________________

Ann Aiken

United States District Judge


Summaries of

Traxle v. Hoefel

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON
Jan 4, 2012
Civ. No. 07-815-TC (D. Or. Jan. 4, 2012)
Case details for

Traxle v. Hoefel

Case Details

Full title:TAMMY RAE TRAXLE, Petitioner, v. WILLIAM HOEFEL, Respondent.

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

Date published: Jan 4, 2012

Citations

Civ. No. 07-815-TC (D. Or. Jan. 4, 2012)