Weaver v. Blacketter

Full title: DAVID WEAVER, Petitioner, v. SHARON BLACKETTER, Respondent

Court: United States District Court, D. Oregon

Date published: May 31, 2007

Civil No. 04-731-JE (D. Or. May. 31, 2007)

Opinion

Civil No. 04-731-JE.

May 31, 2007

Anthony D. Bornstein, Assistant Federal Public Defender, Portland, Oregon, Attorney for Petitioner.

Hardy Myers, Attorney General, Lester R. Huntsinger, Senior Assistant Attorney General, Department of Justice, Salem, Oregon, Attorneys for Respondent.

ORDER

GARR KING, District JudgePage 2

The Honorable John Jelderks, United States Magistrate Judge, filed Findings and Recommendation on April 30, 2007. Petitioner filed timely objections to the Findings and Recommendation. When either party objects to any portion of a magistrate's Findings and Recommendation, the district court must make a de novo determination of that portion of the magistrate's report. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore Business Machines, Inc., 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982). The matter is before this court pursuant to 28 U.S.C. § 636(b)(1)(B) and Fed.R.Civ.P. 72(b).

This court has, therefore, given de novo review of the rulings of Magistrate Judge Jelderks. This court ADOPTS the Findings and Recommendation of Magistrate Judge Jelderks dated April 30, 2007 in its entirety.

IT IS HEREBY ORDERED that the Amended Petition for Writ of Habeas Corpus (#57) and petitioner's alternative request for an evidentiary hearing are denied.