Cantrell v. Nooth
Filing
29
OPINION AND ORDER: Upon review, I agree with Judge Sullivans recommendation, and I ADOPT the F&R 27 as my own opinion. Signed on 12/19/12 by Judge Michael W. Mosman. (dls)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION
JASON RAY CANTRELL,
No. 2:11-cv-01306-SU
Petitioner,
OPINION AND ORDER
v.
MARK NOOTH,
Respondent.
MOSMAN, J.,
On November 27, 2012, Magistrate Judge Sullivan issued her Findings and
Recommendation (“F&R”) [27] in the above-captioned case recommending the Petition for Writ
of Habeas Corpus [2] be denied and a judgment be entered dismissing this case with prejudice.
Judge Sullivan also recommended that I decline to issue a Certificate of Appealability on the
basis that petitioner has not made a substantial showing of the denial of a constitutional right
pursuant to 28 U.S.C. § 2253(c)(2). No objections were filed.
DISCUSSION
The magistrate judge makes only recommendations to the court, to which any party may
file written objections. The court is not bound by the recommendations of the magistrate judge,
but retains responsibility for making the final determination. The court is generally required to
make a de novo determination regarding those portions of the report or specified findings or
1 – OPINION AND ORDER
recommendation as to which an objection is made. 28 U.S.C. § 636(b)(1)(C). However, the court
is not required to review, de novo or under any other standard, the factual or legal conclusions of
the magistrate judge as to those portions of the F&R to which no objections are addressed. See
Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121
(9th Cir. 2003). While the level of scrutiny under which I am required to review the F&R
depends on whether or not objections have been filed, in either case, I am free to accept, reject,
or modify any part of the F&R. 28 U.S.C. § 636(b)(1)(C).
Upon review, I agree with Judge Sullivan’s recommendation, and I ADOPT the F&R
[27] as my own opinion.
IT IS SO ORDERED.
DATED this
19th
day of December, 2012.
/s/ Michael W. Mosman___
MICHAEL W. MOSMAN
United States District Judge
2 – OPINION AND ORDER
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?