Opinion
09-CV-71-AC.
March 9, 2011
NICHITA VASILE, SID #8544890, Snake River Correctional Institution, Ontario, OR, Petitioner, Pro Se.
JOHN R. KROGER, Attorney General, JONATHAN W. DIEHL, Assistant Attorney General, Oregon Department of Justice, Salem, OR, Attorneys for Respondent.
ORDER
Magistrate Judge John V. Acosta issued Findings and Recommendation (#25) on February 17, 2011, in which he recommends the Court deny the Petition (#1) for Writ of Habeas Corpus, dismiss this matter, and deny a certificate of appealability. On March 3, 2011, Petitioner Nichita Vasile filed a Notice (#27) of Acceptance for Fact Contract Is Accepted For Value. To the extent Petitioner's Notice constitutes an objection 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 Notice Petitioner reiterates the arguments contained in his Petition for Writ of Habeas Corpus and other filings with this Court. The Court has carefully considered Petitioner's arguments 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 (#25) and, therefore, DENIES the Petition (#1) for Writ of Habeas Corpus, DISMISSES this matter with prejudice, and DENIES a certificate of appealability.
IT IS SO ORDERED.
DATED this 9th day of March, 2011.