Morton v. Thomas, No. 3:2009cv00053 - Document 16 (D. Or. 2009)

Court Description: OPINION & ORDER: On August 14, 2009, Magistrate Judge Paul Papak filed his Findings and Recommendation (doc. 14 ) that the court deny Petitioner Keith Allen Mortons pro se Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 (doc. 2), and enter judgment dismissing this case without prejudice.The matter is now before me. See 28 U.S.C. § 636(b)(1)(A); Fed. R. Civ. P. 72(b). Neither party timely filed objections. This relieves me of my obligation to review Magis trate Judge Papaks factual findings de novo. See 28 U.S.C. § 636(b)(1)(C); Simpson v. Lear Astronics Corp., 77 F.3d 1170, 1174-75 (9th Cir. 1996). Having reviewed the legal principles de novo., I find no error. Accord ingly, I ADOPT magistrate Judge Papakss Findings and Recommendation (doc. 14 ) as my own opinion. Mortons pro se Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 (doc. 2 ) is DENIED, without prejudice. Signed on September 4th, 2009 by Judge James A. Redden. (eo)

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UNITED STATES DISTRICT COURT DISTRICT OF OREGON KEITH ALLEN MORTON, CV 09-53-PK Petitioner, OPINION AND ORDER v. J.E. THOMAS, Warden, FCI Sheriden, Respondent. __________________________________ REDDEN, Judge: On August 14, 2009, Magistrate Judge Paul Papak filed his Findings and Recommendation (doc. 14) that the court deny Petitioner Keith Allen Morton s pro se Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 (doc. 2), and enter judgment dismissing this case without prejudice. The matter is now before me. See 28 U.S.C. § 636(b)(1)(A); Fed. R. Civ. P. 72(b). Neither party timely filed objections. This relieves me of my obligation to review Magistrate Judge Papak s factual findings de novo. See 28 U.S.C. § 636(b)(1)(C); Simpson v. Lear PAGE 1 - OPINION AND ORDER Astronics Corp., 77 F.3d 1170, 1174-75 (9th Cir. 1996). Having reviewed the legal principles de novo, I find no error. Accordingly, I ADOPT magistrate Judge Papak s s Findings and Recommendation (doc. 14) as my own opinion. Morton s pro se Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 (doc. 2) is DENIED, without prejudice. IT IS SO ORDERED. DATED this 4th day of September, 2009. /s/ James A. Redden James A. Redden United States District Judge PAGE 2 - OPINION AND ORDER

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