Moore v. United States of America et al

Filing 34

ORDER: The Court ADOPTS Magistrate Judge Jelderkss Findings and Recommendation 26 and, accordingly, DENIES the Petition 2 for Writ of Habeas Corpus, DENIES Petitioners Motion 25 for Immediate Release, and DECLINES to issue a certificate of appealability. Signed on 10/28/15 by Judge Anna J. Brown. (Mailed copy to petitioner) (dsg)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

WILLIAM G. MOORE,
Petitioner,

3:15-CV-00484-JE
ORDER

v.
UNITED STATES OF AMERICA
and MARION FEATHER,
Respondents.

BROWN, Judge.
Magistrate Judge John Jelderks issued Findings and
Recommendation (#26) on September 10, 2015, in which he
recommends the Court deny Petitioner William G. Moore’s Petition
(#2) for Writ of Habeas Corpus, deny Petitioner’s Motion (#25)
for Immediate Release, and decline to issue a certificate of
appealability.

1 - ORDER

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

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 banc).
This Court has carefully considered Petitioner’s Objections
and concludes they do not provide a basis to modify the Findings
and Recommendation.

The Court also has reviewed the pertinent

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

CONCLUSION
The Court ADOPTS Magistrate Judge Jelderks’s Findings and
Recommendation (#26) and, accordingly, DENIES the Petition (#2)
for Writ of Habeas Corpus, DENIES Petitioner’s Motion (#25) for
Immediate Release, and DECLINES to issue a certificate of

2 - ORDER

appealability.
IT IS SO ORDERED.
DATED this 28th day of October, 2015.

/s/ Anna J. Brown
ANNA J. BROWN
United States District Judge

3 - ORDER