Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Peters v. Belleque

United States District Court, D. Oregon, Eugene Division

May 5, 2014

JOSHUA DOUGLAS PETERS, Petitioner,
v.
BRIAN BELLEQUE, Superintendent, Respondent.

OPINION AND ORDER

MICHAEL W. MOSMAN, District Judge.

On April 11, 2014, Magistrate Judge Jelderks issued his Amended Findings and Recommendation ("F&R") [59] in the above-captioned case, recommending that the Amended Petition for Writ of Habeas Corpus [6] be DENIED. Petitioner objected [61] to the F&R.

DISCUSSION

The magistrate judge makes only recommendations to the court, to which any party may file written objections. The court is not bound by the recommendations of the magistrate judge, but retains responsibility for making the final determination. The court is generally required to make a de novo determination regarding those portions of the report or specified findings or recommendation as to which an objection is made. 28 U.S.C. § 636(b)(1). However, the court is not required to review, de novo or under any other standard, the factual or legal conclusions of the magistrate judge as to those portions of the F&R to which no objections are addressed. See Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). While the level of scrutiny under which I am required to review the F&R depends on whether or not objections have been filed, in either case, I am free to accept, reject, or modify any part of the F&R. 28 U.S.C. § 636(b)(1).

Upon review, I agree with Judge Jelderks's recommendation, and I ADOPT the F&R [59] as my own opinion, except the recommendation that the Court issue a certificate of appealability. A certificate of appealability shall not issue.

IT IS SO ORDERED.


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.