Brown v. Laney

Filing 29

ORDER: The Court ADOPTS Magistrate Judge Hubel's Findings & Recommendation 24 , and therefore, Petitioner's Petition for Writ of Habeas Corpus 1 is denied. See 2-page order attached. Signed on 11/19/2014 by Judge Marco A. Hernandez. (mr)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
JAMES JOSEPH BROWN,
Petitioner,

No. 03:13-cv-00774-HU

v.
GARRETT LANEY,

ORDER
Respondent.

HERNANDEZ, District Judge:
Magistrate Judge Hubel issued a Findings & Recommendation [24] on October 1, 2014,
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 Hubel's Findings & Recommendation [24], and
therefore, Petitioner's Petition for Writ of Habeas Corpus [1] is denied.
IT IS SO ORDERED.
DATED this

day of

MARCO A. HERNANDEZ
United States District Judge

2 - ORDER

, 2014.