Barnett v. Premo

Filing 62

ORDER: Adopting in Part and Not Adopting in Part Findings and Recommendation 55 . The Petition is DENIED, and this case is DISMISSED. A Certificate of Appealability is granted as to the issue of prosecutorial misconduct. See, Formal Order. Signed on 2/1/2017 by Judge Ann L. Aiken. (rdr)

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UNITED STATES DISTRICT COURT DISTRICT OF OREGON TRIVONNE JAY BARNETT, Case No. 6:14-cv-01471-YY ORDER Petitioner, v. JEFF PREMO, Respondent. Aiken, Judge: Magistrate Judge You issued Findings and Recommendation in the above-captioned cases, recommending that petition for habeas corpus relief be denied and the case dismissed. The matter is now before me. See 28 U.S.C. § 636(b)(l)(B) and Fed. R. Civ. P. 72(b). When either patty objects to any portion of a magistrate judge's Findings and Recommendation, the district comt must make a de novo determination of that po1tion of the magistrate judge's repmi. 28 U.S.C. § 636(b)(l); McDonnell Douglas Corp. v. Commodore Business Machines, Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). Petitioner filed objections to the Findings and Recommendation. Upon de novo review, I find no error and agree that petitioner failed to establish that the state 1 -ORDER court decision regarding prosecutorial misconduct was contrary to or an umeasonable application of clearly established federal law. Accordingly, IT IS HEREBY ORDERED that Magistrate Judge You's Findings and Recommendation (doc. 55) is ADOPTED with respect to the denial of the petition. The Petition and (doc. 2) is DENIED and this case is DISMISSED. I decline to adopt the Findings and Recommendation with respect to the certificate of appealability. A cettificate of appealability is granted as to the issue of prosecutorial misconduct. 28 U.S.C. § 2253(c)(2). ITIS SO ORDERED. Sf} fo: 1 , A/ (('.}J'vl·z11/vvr Dated this -1:'.:_ day of ~ary;-2017. Ann Aiken United States District Judge 2 -ORDER

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