Arnold v. Angelozzi

Filing 20

ORDER: Adopting Magistrate Judge Sullivan's Findings and Recommendation 17 . The petition 2 is dismissed. Signed on 2/4/2014 by Judge Owen M. Panner. (dkj)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
MEDFORD DIVISION
BRIAN PATRICK ARNOLD,
No. 1:13-cv-302-SU
Petitioner,
v.

RICK ANGELOZZI,

ORDER

Respondent.
FANNER, District Judge:

Magistrate Judge Patricia Sullivan filed Findings and
-

Recommendation, and the matter is now before this court.
U.S.C. § 636(b) (1) (B), Fed. R. Civ. P. 72 (b).
objections have been filed,
novo.

See 28

Although no

this court reviews legal

princip1~s

See Lorin Corp. v Goto & Co., Ltd., 700 F.2d 1202, 1206

(8th Cir. 1983).

1 - ORDER

de·

In this petition under 28 U.S.C. § 2254, petitioner
challenges his conviction for second-degree robbery.

I agree with

the Findings and Recommendation that the petition must be
dismissed because petitioner procedurally defaulted on his claims.
Petitioner has not shown cause or prejudice for his default, or a
fundamental miscarriage of justice.

I adopt the Findings and

Recommendation.
CONCLUSION

Magistrate Judge Sullivan's Findings and Recommendation (#17)
is adopted.

The petition (#2) is

dismiss~d.

IT IS SO ORDERED.
DATED this

~day

of February, 2014.

c~~~
OWEN M. PANNER
U.S. DISTRICT JUDGE

2 - ORDER