Hoskins v. Premo, No. 6:2013cv00930 - Document 49 (D. Or. 2015)

Court Description: OPINION AND ORDER: This Court ADOPTS Judge Sullivan's F&R, 46 , in full. Petitioner Hoskins's petition for writ of habeas corpus, 2 , is DENIED. Signed on 6/15/15 by Judge Michael J. McShane. (Mailed copy to petitioner) (dsg)

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Hoskins v. Premo Doc. 49 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PHILLIP LEROY HOSKINS, Petitioner, v. Civ. No. 6:13-cv-00930-SU OPINION AND ORDER JEFF PREMO, Superintendent, Oregon State Penitentiary, Respondent. MCSHANE, Judge: Petitioner, prose, brings this petition seeking habeas corpus relief under 28 U.S.C. § 2254. Petitioner seeks to challenge state court convictions for Rape in the First Degree, ORS § 163.375, Sexual Abuse in the Second Degree, ORS § 163.425, and Rape in the Third Degree, ORS § 163.355, because ofineffective assistance of counsel. See Respondent's Exs. 2, 4-5, ECF No. 30-1. 1 Magistrate Judge Patricia Sullivan issued a Findings and Recommendation (F &R) on May 15, 2015, recommending denial. The matter is now before this Court. See 28 U.S.C. § 636(b)(l)(B); Fed. R. Civ. P. 72(b). Because no objections to the F&R were timely filed, this Court reviews only the legal principles de novo. See United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en bane); see also United States v. Bernhardt, 840 F.2d 1441, 1445 (9th Cir. 1988). Upon review, this Court finds no error in Judge Sullivan's F&R, ECF No. 46. 1 Petitioner asserted fifteen claims of ineffective assistance of counsel. See Petition Writ Habeas Corpus 3-5, ECF No.2. 1 -OPINION AND ORDER Dockets.Justia.com CONCLUSION This Court ADOPTS Judge Sullivan's F&R, ECF No. 46, in full. Petitioner Hoskins's petition for writ of habeas corpus, ECF No.2, is DENIED. IT IS SO ORDERED. DATED this___!£ day of June, 2015. Michael J. McShane United States District Judge 2 - OPINION AND ORDER

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