Floyd v. Hall

Filing 32

ORDER: The Magistrate Judge's Findings and Recommendation (# 29 ) is adopted. The Amended Petition for Writ of Habeas Corpus (# 5 ) is denied, and Judgment will be entered dismissing this action with prejudice. Signed on November 2nd, 2009 by Judge Ancer L. Haggerty. (eo)

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FILED'09 t { N 02 B29JSoc-(J1f' UNITED S T A T E S D I S T R I C T C O U R T F O R T H E D I S T R I C T OF O R E G O N JUSTIN L. FLOYD, Petitioner, v. Civil No. 0 7 - I 6 6 5 - P K ORDER G U Y HALL, Respondent. H A G G E R T Y , D i s t r i c t Judge: Magistrate J u d g e Papal< has issued a Findings and Recommendation [29] in this action. T h e Magistrate Judge recommended that the Amended Petition for Writ o f Habeas Corpus [5] s h o u l d b e d e n i e d , a n d J u d g m e n t s h o u l d b e e n t e r e d d i s m i s s i n g this a c t i o n w i t h p r e j u d i c e . N o objections were filed, and the case was referred to this court. 1 -ORDER The matter is now before this court pursuant to 28 U.S.C. § 636(b)(I)(B) and Fed. R. Civ. P. neb). When no timely objection is filed, the court need only satisfY itself that there is no clear error on the face o f the record in order to accept the recommendation o f the Magistrate. Campbell v. United States Dist. Ct., SOl F.2d 196 (9th Cir. 1974). No clear error appears o n the face o f the record. This court adopts the Magistrate Judge's Findings and Recommendation. CONCLUSION The Magistrate Judge's Findings and Recommendation [29] is adopted. The Amended Petition for Writ o f Habeas Corpus [5] is denied, and Judgment will b e entered dismissing this action w i t h prejudice. IT IS SO ORDERED. D a t e d this . 2 day o f November, 2009. ~~"51.~ U n i t e d States D i s t r i c t J u d g e 2 - ORDER

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