Opinion

Odoms v. Kelly

Court
District Court, D. Oregon
Filed
Nov 30, 2020
Cited by
0 cases
Authority
More cited than 28.7%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

EUGENE DIVISION

DONALD ODOMS,

Petitioner, No. 6:18-cv-00125-AC

BRANDON KELLY, Superintendent OPINTON AND ORDER

Oregon State Penitentiary; and

OREGON BOARD OF PAROLE AND

POST-PRISON SUPERVISION, '

Respondents. .

MOSMAN, J 5

On September 2, 2020, Magistrate Judge John V. Acosta issued his Findings and

Recommendation (F. & R.) [ECF 53]. Judge Acosta recommended that I deny Mr. Donald

Odoms’s Petition for Writ of Habeas Corpus [ECF 1] and decline to issue a certificate of

appealability. Mr. Odoms filed objections [ECF 55] and Respondents filed a response [ECF 56].

Upon review, I agree with Judge Acosta and DISMISS this case with prejudice.

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

1 —OPINION AND ORDER

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

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 Acosta’s recommendation and I ADOPT the F. & R.

[ECF 53] as my own opinion. Because petitioner has not made a substantial showing of the

denial of a constitutional right, a certificate of appealability is DENIED. See 28 U.S.C. §

2253(c)(2). This case is DISMISSED with prejudice.

‘ITIS SO ORDERED.

DATED this “SC day of November, 2020.

MICHAEL W, MDSMAN

United States District Judge

2 — OPINION AND ORDER

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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