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Suarez v. State

United States District Court, D. Oregon

November 18, 2014

RICARDO JOSE SUAREZ, Petitioner,
v.
STATE OF OREGON, Respondent.

ORDER

MICHAEL J. McSHANE, District Judge.

Magistrate Judge Patricia Sullivan filed a Findings and Recommendation (ECF No. 6), and the matter is now before this court. See 28 U.S.C. § 636(b)(1)(B), Fed.R.Civ.P. 72(b). Petitioner filed objections to the Findings and Recommendation. Accordingly, I have reviewed the file of this case de novo. See 28 U.S.C. § 636(b)(1)(c); McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). I find no error and conclude the report is correct.

Magistrate Judge Sullivan's Findings and Recommendation (ECF No. 6) is adopted in full. As noted in the recommendation, petitioner is not "in custody" for purposes of challenging the 2000 Burglary conviction. Therefore, the petition (ECF No. 1) is DENIED.

IT IS SO ORDERED.


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