Kashuba v. State of Oregon

Filing 18

OPINION AND ORDER: This Court ADOPTS Judge Coffin's F&R, ECF No. 15 , in full. Petitioner Kashuba's petition for writ of habeas corpus, ECF No. 2 , is DENIED without prejudice. Respondent's motion to dismiss, ECF No. 14 , is GRANTED. Signed on 8/31/15 by Judge Michael J. McShane. (Mailed copy to petitioner) (dsg)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

JOHN K. KASHUBA,
Petitioner,
v.

Civ. No. 3:15-cv-00082-TC
OPINION AND ORDER

STATE OF OREGON,

Respondent.

MCSHANE, Judge:
Petitioner, prose, brings this petition seeking habeas corpus relief under 28 U.S.C. §
2254. Petitioner seeks to challenge thirty-four state court convictions, including seventeen counts
of making a false claim for health care payment, ORS § 165.692, fifteen counts of theft in the
first degree, ORS § 164.055, and two counts of unlawfully obtaining a food stamp benefit, ORS
§ 411.840, because of alleged ineffective assistance of counsel, inclusion of inadmissible
evidence, and judicial misconduct. See Pet. Writ Habeas Corpus 5-7, ECF No. 2-1. Magistrate
Judge Thomas Coffin issued a Findings and Recommendation (F&R) on August 11, 2015, in
which he recommended dismissal without prejudice because petitioner failed to exhaust his state
court remedies. The matter is now before this Court. See 28 U.S.C. § 636(b)(l)(B); Fed. R. Civ.
P. 72(b).
Because no objections to the F &R were timely filed, this Court reviews only the legal
principles de novo. See United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en

1 - OPINION AND ORDER

bane); see also United States v. Bernhardt, 840 F.2d 1441, 1445 (9th Cir. 1988). Upon review,
this Court finds no error in Judge Coffin's F&R, ECF No. 15.

CONCLUSION
This Court ADOPTS Judge Coffin's F&R, ECF No. 15, in full. Petitioner Kashuba's
petition for writ of habeas corpus, ECF No.2, is DENIED without prejudice. Respondent's
motion to dismiss, ECF No. 14, is GRANTED.

IT IS SO ORDERED.

DATED this 31 "1r day of IJ "'-1

'2015.

\
Michael J. McShane
United States District Judge

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