Dasa v. Nooth

Filing 97

ORDER by Judge Anna J. Brown The Court ADOPTS Magistrate Judge Jelderks's Findings and Recommendation (# 90 ) and, therefore, DENIES the Amended Petition(#39) for Writ of Habeas Corpus, DISMISSES this matter with prejudice, and DECLINES to issue a Certificate of Appealability. IT IS SO ORDERED. See order for details. (jy)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

SATYA KRISHNA DASA,
Petitioner,

2:14-cv-00698-JE
ORDER

v.
MARK NOOTH,
Respondent.

BROWN, Judge.
Magistrate Judge John Jelderks issued Findings and
Recommendation (#90) on July 14, 2017, in which he recommends the
Court deny Petitioner Satya Krishna Dasa’s Amended Petition (#39)
for Writ of Habeas Corpus, dismiss this matter with prejudice,
and decline to issue a Certificate of Appealability.

Petitioner

filed timely Objections to the Findings and Recommendation.

The

matter is now before this Court pursuant to 28 U.S.C. § 636(b)(1)
and Federal Rule of Civil Procedure 72(b).
1 - ORDER

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 Dawson v. Marshall, 561

F.3d 930, 932 (9th Cir. 2009); United States v. Reyna-Tapia, 328
F.3d 1114, 1121 (9th Cir. 2003)(en banc).
This Court has carefully considered Petitioner’s Objections
and concludes they do not provide a basis to modify the Findings
and Recommendation.

The Court also 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 Jelderks’s Findings and
Recommendation (#90) and, therefore, DENIES the Amended Petition
(#39) for Writ of Habeas Corpus, DISMISSES this matter with
prejudice, and DECLINES to issue a Certificate of Appealability.
IT IS SO ORDERED.
DATED this 1st day of September, 2017.

/s/ Anna J. Brown
ANNA J. BROWN
United States Senior District Judge

2 - ORDER