McHale v. Nooth

Filing 54

ORDER: Adopting the Magistrate's Findings and Recommendation 50 . Petitioner's Petition for Habeas Corpus 2 is Denied. Signed on 9/7/17 by Judge Marco A. Hernandez. (gm)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON ROBERT MICHAEL McHALE, No. 2:15-cv-01513-PK Petitioner, v. MARK NOOTH, Superintendent, Snake River Correctional Institution, ORDER Respondent. HERNANDEZ, District Judge: Magistrate Judge Papak issued a Findings & Recommendation (#50) on July 10, 2017, in which he recommends the Court deny Petitioner's Petition for Writ of Habeas Corpus. Petitioner has timely filed objections to the Findings & Recommendation. The matter is now before me 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 & 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); Dawson v. Marshall, 561 F.3d 930, 932 (9th 1 - ORDER Cir. 2009); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc). I have carefully considered Petitioner's objections and conclude there is no basis to modify the Findings & Recommendation. I have also reviewed the pertinent portions of the record de novo and find no other errors in the Magistrate Judge's Findings & Recommendation. CONCLUSION The Court ADOPTS Magistrate Judge Papak's Findings & Recommendation [50], and therefore, Petitioner's Petition for Habeas Corpus [2] is denied. IT IS SO ORDERED. DATED this day of MARCO A. HERNANDEZ United States District Judge 2 - ORDER , 2017.

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