Whitney-Biggs v. McGhee

Full title: MARGARET ANN WHITNEY-BIGGS, Petitioner, v. MICHAEL McGHEE, Respondent

Court: United States District Court, D. Oregon

Date published: Aug 11, 2006

No. 01-CV-1682-ST (D. Or. Aug. 11, 2006)

Opinion

No. 01-CV-1682-ST.

August 11, 2006

STEVEN T. WAX, Federal Public Defender, ELLEN C. PITCHER, Assistant Federal Public Defender, Portland, OR, Attorneys for Petitioner.

HARDY MYERS, Attorney General, YOULEE Y. YOU, Assistant Attorney General, Salem, OR, Attorneys for Respondent.

ORDER

ANNA BROWN, District Judge

Magistrate Judge Janice M. Stewart issued Findings and Recommendation (#111) on July 19, 2006, in which she recommended this Court deny Petitioner Whitney-Biggs's Amended Petition For Writ of Habeas Corpus (#21) and dismiss this matter with prejudice. The matter is now before this Court pursuant to 28 U.S.C. § 636(b)(1)(B) and Fed.R.Civ.P. 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 United States v. Bernhardt, 840 F.2d 1441, 1444 (9^th Cir. 1988); McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9^th Cir. 1981), cert. denied, 455 U.S. 920 (1982).

This Court 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 Stewart's Findings and Recommendation (#111). Accordingly, the Court DENIES Petitioner Whitney-Biggs's Petition For Writ of Habeas Corpus (#21) and DISMISSES this proceeding with prejudice.

IT IS SO ORDERED.