Vanderpool v. Popoff

Full title: AUSTIN EMORY VANDERPOOL, Petitioner, v. CHRISTINE POPOFF, Superindendant…

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

Date published: Mar 21, 2017

2:15-CV-01199-PK (D. Or. Mar. 21, 2017)

Opinion

2:15-CV-01199-PK

03-21-2017

AUSTIN EMORY VANDERPOOL, Petitioner, v. CHRISTINE POPOFF, Superindendant Oregon State Correctional Institution, Respondent.

BROWN, Judge.

ORDER

BROWN, Judge.

Magistrate Judge Paul Papak issued Findings and Recommendation (#34) on February 14, 2017, in which he recommends this Court deny the Petition (#2) for Writ of Habeas Corpus Pursuant to § 2254, dismiss this matter, and deny a certificate of appealability. The matter is now before this Court pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b).

Because no objections to the Magistrate Judge's Findings and Recommendation were timely filed, this Court is relieved of its obligation to review the record de novo. See Dawson v. Marshall, 561 F.3d 930, 932 (9^th Cir. 2009). See also United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9^th Cir. 2003) (en banc). Having reviewed the legal principles de novo, the Court does not find any error.

CONCLUSION

The Court ADOPTS Magistrate Judge Papak's Findings and Recommendation (#34). Accordingly, the Court DENIES the Petition (#2) for Writ of Habeas Corpus Pursuant to § 2254, DISMISSES this matter with prejudice, and DENIES a certificate of appealability.

IT IS SO ORDERED.

DATED this 21^st day of March, 2017.

/s/_________

ANNA J. BROWN

United States District Judge