Shorb v. Nooth

Filing 44

ORDER: The Court ADOPTS Magistrate Judge Beckerman's Findings and Recommendation (# 40 ) and, therefore, DENIES the Petition (# 1 ) for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254, DISMISSES this matter with prejudice, and GRANTS a certificate of appealability. Signed on 2/2/17 by Judge Anna J. Brown. (eo)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
CHARLES RAY SHORB,

2:14-CV-02005-SB
ORDER

Petitioner,
v.

MARK NOOTH, Superintendent,
Snake River Correctional
Institution,
Respondent.

BROWN, Judge.
Magistrate Judge Stac

F. Beckerman issued Findings and

Recommendation (#40) on December 30, 2016, in which she
recommends the Court deny Petitioner Charles Ray Shorb's Petition
(#1)

for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254,

enter a judgment dismissing the matter with
a certificate

1 - ORDER

appealability.

judice, and grant

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).
When any party objects to any portion of the Magistrate
Judge's Findings and Recommendation, the district court must make
a de nova determination of that portion of the Magistrate Judge's
report.

28 U.S.C. § 636(b) (1).

F.3d 930, 932

See also Dawson v. Marshall,

561

(9th Cir. 2009); United States v. Reyna-Tapia, 328

F.3d 1114, 1121 (9th Cir. 2003) (en bane).
In his Objections Pet

ioner reiterates the arguments

contained in his Petition and Brief in Support of Petition.

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

nova and does not find any error in

Magistrate Judge's Findings and Recommendation

CONCLUSION

The Court ADOPTS Magistrate Judge Beckerman's Findings and
Recommendation (#40) and, therefore, DENIES the Petition (#1) for
Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254, DISMISSES
this matter with prejudice, and GRANTS a certificate of

2 - ORDER

appealability.
IT IS SO ORDERED.
DATED this 2r.ct day of February, 2017.

ANNA J. BROWN
United States Dist

3

ORDER

Judge