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Gettling v. Belleque

United States District Court, D. Oregon

February 11, 2014

KELLY GENE GETTLING, Petitioner,
v.
BRIAN BELLEQUE, Oregon State Penitentiary Superintendent, Respondent.

ORDER

MARCO A. HERNANDEZ, District Judge.

Magistrate Judge Acosta issued a Findings & Recommendation (#50) on November 26, 2013, in which he recommends the Court deny Petitioner's Second Amended Petition for Writ of Habeas Corpus. Petitioner has timely filed objections to the Findings & Recommendation. The matter is now before me pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b).

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 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 Petitioner's objections and conclude there is no basis to modify the Findings & Recommendation other than to allow to allow a Certificate of Appealability as to certain issues under 28 U.S.C. § 2253(c)(2). 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 in part Magistrate Judge Acosta's Findings & Recommendation [#50], and therefore, Petitioner's Second Amended Petition for Writ of Habeas Corpus [#17] is denied, but a Certificate of Appealability as further specified in the Judgment, is allowed.

IT IS SO ORDERED.


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