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)

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