Thomasson v. Palmer

Filing 65

ORDER - The Court ADOPTS Magistrate Judge Sullivan's Findings and Recommendation 58 and, therefore, DENIES the Petition 1 for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254, DISMISSES this matter with prejudice, and DECLINES to issue a certificate of appealability. (See attached 2-page Order). Signed on 2/10/2017 by Judge Anna J. Brown. (pg) Modified on 2/13/2017 (pg).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
JEREMIAH THOMASSON,
Petitioner,

3:14-CV-01340-SU
ORDER

v.

DON PALMER and
ELLEN ROBENBLUM,
Respondents.

BROWN, Judge.
Magistrate Judge Patricia Sullivan issued Findings and
Recommendation (#58) on November 21, 2016, in which she
recommends the Court deny Petitioner Jeremiah Thomasson's
Petition (#1) for Writ of Habeas Corpus Pursuant to 28 U.S.C.
§

2254, dismiss this matter with prejudice, and decline to issue

a certificate of appealability.

Petitioner filed timely

Objections to the Findings and Recommendation.

The matter is now

before this Court pursuant to 28 U.S.C. § 636(b) (1) and Federal
Rule of Civil Procedure 72(b).
1 - ORDER

When any party objects to any portion of the Magistrate
Judge's Findings and Reconunendation, 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).

See also Dawson v. Marshall, 561

F.3d 930, 932 (9th Cir. 2009); United States v. Reyna-Tapia, 328
F. 3d 1114, 1121 (9th Cir. 2003) (en bane).
This Court has carefully considered Petitioner's Objections
and concludes they do not provide a basis to modify the Findings
and Reconunendation.

The Court also has reviewed the pertinent

portions of the record de nova and does not find any error in the
Magistrate Judge's Findings and Reconunendation.

CONCLUSION
The Court ADOPTS Magistrate Judge Sullivan's Findings and
Reconunendation (#58) and, therefore, DENIES the Petition (#1) for
Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254, DISMISSES
this matter with prejudice, and DECLINES to issue a certificate
of appealability.
IT IS SO ORDERED.
DATED this 10th day of February, 2017.

ANN~

United States District Judge

2 - ORDER