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Larsen v. Premo

United States District Court, District of Oregon

February 17, 2015

REX LEE LARSEN, Petitioner,
v.
JEFF PREMO, Respondent.

ORDER

MARCO A. HERNÁNDEZ, United States District Judge.

Magistrate Judge Hubel issued a Findings and Recommendation [64] on December 1, 2014, in which he recommends that this Court deny Petitioner’s petition for a writ of habeas corpus [2] and dismiss this proceeding with prejudice. Additionally, Magistrate Judge Hubel recommends that this Court deny Petitioner a certificate of appealability. The matter is now before me pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b).

Plaintiff filed timely objections to the Magistrate Judge’s Findings & Recommendation. 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 Plaintiffs objections and conclude there is no basis to modify the Findings & Recommendation. 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 Magistrate Judge Hubel’s Findings & Recommendation [64]. Accordingly, this case is dismissed with prejudice. In addition, the Court denies a certificate of appealability.

IT IS SO ORDERED.


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