Queen v. Warden, FCI Sheridan

Filing 12

ORDER: The Court ADOPTS Magistrate Judge Coffin's Findings & Recommendation 8 . The Court denies Petitioner's Petition [l] for Writ of Habeas Corpus. Accordingly, this case is dismissed without prejudice. All other pending motions are denied as moot. In addition, the Court denies a certificate of appealability. Signed on 1/3/2017 by Judge Marco A. Hernandez. (copy mailed to petitioner) (kms)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

SAMUEL R. QUEEN,
Petitioner,

No. 3:16-cv-00373-TC

v.
WARDEN IVES, FCI
SHERIDAN,

ORDER
Respondent.

HERNANDEZ, District Judge:
Magistrate Judge Coffin issued a Findings and Recommendation [8] on November 3,
2016, in which he recommends that this Court deny Petitioner's Petition [1] as duplicative. The
matter is now before the Court pursuant to 28 U.S.C. § 636(b)(l)(B) and Federal Rule of Civil
Procedure 72(b).
Petitioner filed timely objections to the Magistrate Judge's Findings & Recommendation.
ECF 11. When any party objects to any portion of the Magistrate Judge's Findings &

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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)(l); Dawson v. Marshall, 561F.3d930, 932 (9th
Cir. 2009); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en bane).
Petitioner's objections are unavailing. In addition to the case cited by Judge Coffin, case
number 15-cv-00916-AA, this Court notes another case in this District, case number 15-cv00806-KI, in which Plaintiff brought identical claims to those he wishes to advance in the
present case. Case number l 5-cv-00806-KI was dismissed without prejudice because it was
duplicative of 15-cv-00916-AA. As Judge Coffin explained, a petitioner proceeding informa

pauperis has no right to file a complaint "that merely repeats pending or previously litigated
claims." See Cato v. United States, 70 F.3d 1103, 1105 (9th Cir. 1995).
The Court has also reviewed the pertinent portions of the record de novo and finds no
other errors in the Magistrate Judge's Findings & Recommendation.
CONCLUSION
The Court ADOPTS Magistrate Judge Coffin's Findings & Recommendation [8]. The
Court denies Petitioner's Petition [l] for Writ of Habeas Corpus. Accordingly, this case is
dismissed without prejudice. All other pending motions are denied as moot. In addition, the
Court denies a certificate of appealability.
IT IS SO ORDERED.

DATED this _ _ _ _ _ _ day of _ _---=j'-t(M.~_c:_·_ _ _ _ _ _ _ _ , 20 If:

United States District Judge

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