Romero v. Hill, No. 3:2007cv00917 - Document 62 (D. Or. 2009)

Court Description: OPINION & ORDER: Adopting the Magistrate's Findings and Recommendation 44 . Petitioner's Petition for Writ of Habeas Corpus is denied and this case is dismissed with prejudice. Signed on 11/23/2009 by Judge Michael W. Mosman. (mr)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON FIlEIJ'09 NOV 2314:5411,~[IC{r~p MARTIN ROMERO, No. CV 07-917-PK Petitioner, OPINION & ORDER v. JEAN HILL, Respondent. MOSMAN,J., On July 20,2009, Magistrate Judge Papak issued Findings and Recommendation (nF&R n) (#44) in the above-captioned case recommending that I DENY petitioner's Petition for Writ of Habeas Corpus (#1) and DISMISS this case with prejudice. Petitioner filed objections (#55) to the F&R and respondent filed a Response (#58). DISCUSSION The magistrate judge makes only recommendations to the couti, to which any patiy may file written objections. The couti is not bound by the recommendations of the magistrate judge, but retains responsibility for making the final detennination. The couti is generally required to make a de novo detennination of those portions ofthe 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 review, under a de novo or any other standard, the factual or legal conclusions of the magistrate PAGE 1 - OPINION & ORDER judge as to those portions oftheF&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 sClUtiny 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)(I)(C). Upon review, I agree with Judge Papak's recommendation, and I ADOPT the F&R (#44) as my own opinion. IT IS SO ORDERED. DATED this ..:u?tay of November, 2009. MICHAEL W. MOSMA United States District Court PAGE 2 - OPINION & ORDER

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