Vanderpool v. Nooth

Filing 40

ORDER: Adopting the Magistrate's Findings and Recommendation 34 . The Court Denies Petitioner's Petition for Writ of Habeas Corpus 2 Pursuant to § 2254, Dismisses this matter with prejudice, and Denies a certificate of appealability. Signed on 3/21/17 by Judge Anna J. Brown. (gm)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON AUSTIN EMORY VANDERPOOL, Petitioner, 2:15-CV-01199-PK ORDER v. CHRISTINE POPOFF, Superindendant Oregon State Correctional Institution, Respondent. BROWN, Judge. Magistrate Judge Paul Papak issued Findings and Recommendation (#34) on February 14, 2017, in which he recommends this Court deny the Petition (#2) for Writ of Habeas Corpus Pursuant to § 2254, dismiss this matter, and deny a certificate of appealability. The matter is now before this Court pursuant to 28 U.S.C. § 636(b) (1) (B) and Federal Rule of Civil Procedure 72 (b) • 1 - ORDER Because no objections to the Magistrate Judge's Findings and Recommendation were timely filed, this Court is relieved of its obligation to review the record de nova. 561 F. 3d 930, 932 (9th Cir. 2009). See Dawson v. Marshall, See also United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en bane). Having reviewed the legal principles de nova, the Court does not find any error. CONCLUSION The Court ADOPTS Magistrate Judge Papak's Findings and Recommendation (#34). Accordingly, the Court DENIES the Petition (#2) for Writ of Habeas Corpus Pursuant to § 2254, DISMISSES this matter with prejudice, and DENIES a certificate of appealability. IT rs so ORDERED. DATED this 2ist day of March, 2017. ANN~ United States District Judge 2 - 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?