Patton v. Mills
Filing
37
ORDER: The Court ADOPTS Magistrate Judge Hubel's Findings and Recommendation 34 , DENIES the Petition 2 for Writ of Habeas Corpus and DISMISSES this matter with prejudice. The Court concludes Petitioner has made a substantial showing of the denial of a constitutional right pursuant to 28 U.S.C. 2253(c)(2). The Court issues a certificate of appealability as to whether Petitioner fairly presented his ineffective assistance of counsel claims to the state courts and whether Petitioner was denied effective assistance of counsel. Signed on 12/01/2011 by Judge Anna J. Brown. See 3 page Order for full text. (bb)
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION
STEVEN D. PATTON,
3:09-CV-01051-HU
Petitioner,
ORDER
v.
D. MILLS,
Respondent.
BROWN, Judge.
Magistrate Judge Dennis James Hubel issued Findings and
Recommendation (#34) on August 22, 2011, in which he recommended
the Court deny Petitioner Steven D. Patton's Petition (#2) for
Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 and dismiss
this matter with prejudice.
Petitioner filed timely Objections
to the Findings and Recommendation.
The matter is now before
this Court pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of
Civil Procedure 72(b).
1 - ORDER
When any party objects to any portion of the Magistrate
Judge's Findings and 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).
See also United States v. Reyna-
Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)(en banc); United
States v. Bernhardt, 840 F.2d 1441, 1444 (9th Cir. 1988).
In his Objections, Petitioner reiterates the arguments
contained in his Petition for Writ of Habeas Corpus, Memorandum
in Support of Petition, and Amended Memorandum in Support of
Petition.
This Court has carefully considered Petitioner's
Objections and concludes they do not provide a basis to modify
the Findings and Recommendation.
The Court also has reviewed the
pertinent portions of the record de novo and does not find any
error in the Magistrate Judge's Findings and Recommendation.
CONCLUSION
The Court ADOPTS Magistrate Judge Hubel’s Findings and
Recommendation (#34), DENIES the Petition (#2) for Writ of Habeas
Corpus and DISMISSES this matter with prejudice.
In addition, the Court concludes Petitioner has made a
substantial showing of the denial of a constitutional right
pursuant to 28 U.S.C. § 2253(c)(2).
Accordingly, the Court
issues a certificate of appealability as to whether Petitioner
fairly presented his ineffective assistance of counsel claims to
2 - ORDER
the state courts and whether Petitioner was denied effective
assistance of counsel.
IT IS SO ORDERED.
DATED this 1st day of December, 2011.
/s/ Anna J. Brown
ANNA J. BROWN
United States District Judge
3 - ORDER
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