Weidner v. Taylor

Filing 86

OPINION AND ORDER. Upon careful review, I agree with Judge You's recommendation and I ADOPT the F&R 76 as my own opinion. IT IS SO ORDERED. Signed on 1/17/2017 by Judge Michael W. Mosman. (pvh)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PENDLETON DIVISION

COREY IAN WEIDNER,
No. 2: l 3-cv-01973-YY
Petitioner,
OPINION AND ORDER

v.
JERI TAYLOR,
Respondent.

MOSMAN,J.,
On August 30, 2016, Magistrate Judge Youlee You issued her Findings and
Recommendation ("F&R") [76], recommending that I DENY Mr. Weidner's Petition for Habeas
Corpus [2] and DISMISS the case with prejudice. Judge You also recommended that I issue a
Certificate of Appealability as to all of Mr. Weidner' s argued claims. Mr. Weidner filed his
Objections to the F&R [84] on November 2, 2016, and Ms. Taylor filed her Response to the
Objections [85] on November 16, 2016.

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)(l)(C). However, the court
is not required to review, de nova 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)(l)(C).
Upon careful review, I agree with Judge You's recommendation and I ADOPT the F&R
[76] as my own opinion.
IT IS SO ORDERED.
DATED this

J1~ of January, 2017.

~~~

Chief United States District Judge

2 - OPINION AND ORDER