Nielsen v. Premo, No. 6:2015cv02064 - Document 62 (D. Or. 2018)

Court Description: OPINION AND ORDER: Upon review, I agree with Judge Jelderkss recommendation and I ADOPT the F&R 58 in full. Petitioners Petition for Writ of Habeas Corpus 2 is DISMISSED with prejudice and I decline to issue a Certificate of Appealability. Signed on 10/9/18 by Judge Michael W. Mosman. (dls)
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Nielsen v. Premo Doc. 62 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON EUGENE DIVISION MARC ELLIS NIELSEN, No. 6:15-cv-02064-JE Petitioner, OPINION AND ORDER v. JEFF PREMO, Respondent. MOSMAN, J., On July 27, 2018, Magistrate Judge John Jelderks issued his Findings and Recommendation (F&R) [58], recommending that Petitioner’s Petition for Writ of Habeas Corpus [2] be DISMISSED. Petitioner objected [60] and Respondent responded [61]. 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 regarding those portions of the report or specified findings or recommendation as to which an objection is made. 28 U.S.C. § 636(b)(1)(C). However, the court is not required to review, de novo or under any other standard, the factual or legal conclusions of 1 – OPINION AND ORDER Dockets.Justia.com the magistrate judge as to those portions of the F&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 scrutiny 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 part of the F&R. 28 U.S.C. § 636(b)(1)(C). CONCLUSION Upon review, I agree with Judge Jelderks’s recommendation and I ADOPT the F&R [58] in full. Petitioner’s Petition for Writ of Habeas Corpus [2] is DISMISSED with prejudice and I decline to issue a Certificate of Appealability. IT IS SO ORDERED. 9th day of October, 2018. DATED this ____ /s/ Michael W. Mosman _______________________ MICHAEL W. MOSMAN Chief United States District Judge 2 – OPINION AND ORDER