Bradford v. Kelly

Filing 53

ORDER: The Court adopts Magistrate Judge Armistead's Amended Findings and Recommendation 49 . Therefore, Petitioner's Petition for Writ of Habeas Corpus 2 is DENIED. IT IS SO ORDERED. DATED: November 14, 2023, by United States District Judge Marco A. Hernandez. (pjg)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
TRAVELL LAMONTE BRADFORD,
Petitioner,

No. 3:21-cv-00293-AR
ORDER

v.
BRANDON KELLY, Superintendent,
Oregon State Penitentiary,
Respondent.
HERNÁNDEZ, District Judge:
Magistrate Judge Armistead issued an Amended Findings and Recommendation on
October 10, 2023, in which he recommends that this Court deny Petitioner’s Petition for Writ of
Habeas Corpus. F&R, ECF 49. The matter is now before the Court pursuant to 28 U.S.C.
§ 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b).

1 - ORDER

Petitioner filed timely objections to the Magistrate Judge’s Amended Findings and
Recommendation. Pet. Obj., ECF 51. 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); 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).
The Court has carefully considered Petitioner’s objections and concludes that there is no
basis to modify the Amended Findings and Recommendation. The Court has also reviewed the
pertinent portions of the record de novo and finds no error in the Magistrate Judge’s Amended
Findings and Recommendation.
CONCLUSION
The Court adopts Magistrate Judge Armistead’s Amended Findings and
Recommendation [49]. Therefore, Petitioner’s Petition for Writ of Habeas Corpus [2] is
DENIED.
IT IS SO ORDERED.

DATED: _______________________.
November 14, 2023

___________________________
MARCO A. HERNÁNDEZ
United States District Judge

2 - ORDER