Webster v. Feathers

Filing 32

ORDER: The Court ADOPTS Magistrate Judge Clarkes Findings & Recommendation 24 . Accordingly, this case is dismissed with prejudice. In addition, the Court denies a certificate ofappealability. Any other pending motions are denied as moot. See attached 2-page order. Signed on 11/04/2016 by Judge Marco A. Hernandez. (jp)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

DON A. WEBSTER JR.,
Petitioner,

No. 3:15-cv-00953-CL

v.
MARION FEATHERS,

ORDER

Respondent.

HERNÁNDEZ, District Judge:
Magistrate Judge Clarke issued a Findings and Recommendation [24] on August 16,
2016, in which he recommends that this Court deny Petitioner’s petition for a writ of habeas
corpus [1] and dismiss this proceeding with prejudice. Additionally, Magistrate Judge Clarke
recommends that this Court deny Petitioner a certificate of appealability. The matter is now
before me pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b).
Plaintiff filed timely objections to the Magistrate Judge’s Findings & Recommendation.
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

1 - ORDER

report. 28 U.S.C. § 636(b)(1); 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).
I have carefully considered Plaintiff'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 Clarke’s Findings & Recommendation [24].
Accordingly, this case is dismissed with prejudice. In addition, the Court denies a certificate of
appealability. Any other pending motions are denied as moot.
IT IS SO ORDERED.

DATED this _______________ day of _____________________________, 2016.

___________________________________________________
MARCO A. HERNÁNDEZ
United States District Judge

2 - ORDER