Schiel v. Respondent

Filing 48

ORDER: The court adopts Magistrate Judge Jelderks' Findings and Recommendation 45 . Therefore, the amended petition for writ of habeas corpus 14 is denied and this case is dismissed with prejudice. A certificate of appealability is also denied because petitioner has not made a substantial showing of the denial of a constitutional right. See 2-page order attached. Signed on 4/12/2013 by Judge Marco A. Hernandez. Copy of order mailed to petitioner Jonathan Schiel. (mr)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION

JONATHAN SCHIEL,
Petitioner,
v.
TIM CAUSEY, Superintendent, SCCI,
Respondent.

Jonathan Schiel
3636 Bayonne Dr.
Salem, OR 97317
Petitioner, Pro Se
Kristen E. Boyd
State of Oregon
Department of Justice
1162 Court Street, NE
Salem, OR 97301-4096
Attorney for Respondent

1 - ORDER

No. 6:11-cv-01230-JE
ORDER

HERNANDEZ, District Judge:
Magistrate Judge Jelderks issued a Findings and Recommendation (#45) on March 5,
2013, in which he recommends that the Court deny the amended petition for writ of habeas
corpus (#14) and dismiss this case with prejudice. The matter is now before me pursuant to 28
U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b).
Because no objections to the Magistrate Judge’s Findings and Recommendation were
timely filed, I am relieved of my obligation to review the record de novo. United States v.
Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); see also United States v. Bernhardt,
840 F.2d 1441, 1444 (9th Cir. 1988) (de novo review required only for portions of Magistrate
Judge’s report to which objections have been made). Having reviewed the legal principles de
novo, I find no error.
CONCLUSION
The Court adopts Magistrate Judge Jelderks’ Findings and Recommendation (#45).
Therefore, the amended petition for writ of habeas corpus (#14) is denied and this case is
dismissed with prejudice. A certificate of appealability is also denied because petitioner has not
made a substantial showing of the denial of a constitutional right.
IT IS SO ORDERED.

DATED this

day of April, 2013.

MARCO A. HERNANDEZ
United States District Judge

2 - ORDER