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Bailey v. Nooth

United States District Court, D. Oregon

June 8, 2015

ROBERT BAILEY, Petitioner,
v.
MARK NOOTH, Superintendent, Snake River Correctional Institute, Respondent.

OPINION AND ORDER

MICHAEL J. McSHANE, District Judge.

Petitioner, pro se, brings this petition seeking habeas corpus relief under 28 U.S.C. § 2254. Petitioner seeks to challenge state court convictions for eight counts of Encouraging Child Sexual Abuse in the First Degree, ORS § 163.684, because of alleged involuntary pleas, ineffective assistance of counsel, and prosecutorial misconduct. See Writ Habeas Corpus 1-8, 15, ECF No. 1. Magistrate Judge Mark D. Clarke issued a Report and Recommendation on April 2, 2015, recommending denial based upon procedural default. The matter is now before this Court. See 28 U.S.C. § 636(b)(1)(B); Fed.R.Civ.P. 72(b).

Because no objections[1] to the Report and Recommendation were timely filed, this Court reviews only the legal principles de novo. See United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); see also United States v. Bernhardt, 840 F.2d 1441, 1445 (9th Cir. 1988). Upon review, this Court finds no error in Judge Clarke's Report and Recommendation, ECF No. 48.

CONCLUSION

This Court ADOPTS Judge Clarke's Report and Recommendation, ECF No. 48, in full. Petitioner's petition, ECF No. 1, is DENIED.

IT IS SO ORDERED.


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