Morales v. Belleque, No. 3:2005cv01561 - Document 81 (D. Or. 2009)

Court Description: OPINION & ORDER: Adopting the Magistrate's Findings and Recommendation 73 : Petitioner's Amended Petition for Writ of Habeas Corpus 71 is Denied. Signed on 6/6/09 by Judge Michael W. Mosman. (gm)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON FII.Hi'09 JUN 8 '3 :33lt3DC'ORP EUGENE MORALES, No. CV 05-1561-PK Petitioner, OPINION AND ORDER v. BRIAN BELLEQUE, Respondent. MOSMAN,J., On March 31,2009, Magistrate Judge Papak issued Findings and Recommendation (UF&R U ) (#73) in the above-captioned case recommending that petitioner's Amended Petition for Writ of Habeas Corpus (2254) (#71) be DENIED and judgment be entered dismissing this case with prejudice. Petitioner filed objections to the F&R (#79). 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 of those portions of the report or specified findings or recommendation as to which an objection is made. 28 U.S.C. § 636(b)(I)(C). However, the court is not required to PAGE 1 - OPINION & ORDER review, under a de novo or any other standard, the factual or legal conclusions of the magistrate judge as to those pOliions oftheF&R to which no objections are addressed. See Thomas v. Am, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). While the level of scmtiny 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 ofthe magistrate judge's F&R. 28 U.S.C. § 636(b)(l)(C). Upon review, I agree with Judge Papak's recommendation, and I ADOPT the F&R (#73) as my own opinion. IT IS SO ORDERED. / C(~~ DATED this.G- day of June, 2009. MICHAEL W. M MAN United States District Court PAGE 2 - OPINION & ORDER

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