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)

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.