Boone v. Myrick, No. 2:2014cv01645 - Document 50 (D. Or. 2017)

Court Description: OPINION AND ORDER: I agree with Judge Coffin's recommendation and ADOPT the F&R 46 as my own opinion. It is ORDERED AND ADJUDGED that Mr. Boone's Amended Petition for Writ of Habeas Corpus 20 is DENIED and is thus DISMISSED, and a Certificate of Appealability is DENIED. Signed on 10/10/2017 by Judge Michael W. Mosman. (kms)

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Boone v. Myrick Doc. 50 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION CHARLES P. BOONE, No. 2:14-cv-01645-TC Petitioner, OPINION AND ORDER v. JOHN MYRICK, Superintendent, Two Rivers Correctional Inst., Respondent. MOSMAN,J., On May 31, 2017, Magistrate Judge Thomas Coffin issued his Findings and Recommendation ("F&R") [46], recommending that Charles P. Boone's Amended Petition for Writ of Habeas Corpus [20] should be DENIED and that a Certificate of Appealability should be DENIED. Petitioner did not object. 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)(l)(C). However, the court is not required to review, de novo or under any other standard, the factual or legal conclusions of 1 - OPINION AND ORDER Dockets.Justia.com 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 pmt of the F&R. 28 U.S.C. § 636(b)(l)(C). I agree with Judge Coffin's recommendation and ADOPT the F&R [46] as my own opinion. It is ORDERED AND ADJUDGED that Mr. Boone's Amended Petition for Writ of Habeas Corpus [20] is DENIED and is thus DISMISSED, and a Certificate of Appealability is DENIED. IT IS SO ORDERED. DATED this lO dayofOctober,2017. 2 - OPINION AND ORDER

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