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Spillino v. Belleque

United States District Court, D. Oregon
Mar 5, 2009
No. CV 05-1953-HU (D. Or. Mar. 5, 2009)

Opinion

No. CV 05-1953-HU.

March 5, 2009


OPINION AND ORDER


On January 26, 2009, Magistrate Judge Hubel issued Findings and Recommendation ("F R") (#37) in the above-captioned case recommending that I DENY petitioner's Amended Petition for Writ of Habeas Corpus (#14) and DISMISS this proceeding with prejudice. Plaintiff filed objections (#41).

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)(1)(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 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 of the magistrate judge's F R. 28 U.S.C. § 636(b)(1)(C).

Upon review, I agree with Judge Hubel's recommendation, and I ADOPT the F R (#37) as my own opinion.

IT IS SO ORDERED.


Summaries of

Spillino v. Belleque

United States District Court, D. Oregon
Mar 5, 2009
No. CV 05-1953-HU (D. Or. Mar. 5, 2009)
Case details for

Spillino v. Belleque

Case Details

Full title:MICHAEL SPILLINO, Petitioner, v. BRIAN BELLEQUE, Respondent

Court:United States District Court, D. Oregon

Date published: Mar 5, 2009

Citations

No. CV 05-1953-HU (D. Or. Mar. 5, 2009)

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