Opinion

Odoms v. Oregon State Board of Parole and Post-Prison Supervision

Court
District Court, D. Oregon
Filed
Mar 24, 2021
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, Case No. 6:17-cv-00775-AC

ORDER

Petitioner,

vs.

OREGON STATE BOARD OF PAROLE

AND POST PRISON SUPERVISION,

Respondent.

AIKEN, District Judge:

Magistrate Judge John Acosta has filed his Findings and Recommendation

(“F&R”) (Doc. 45) recommending that the Court deny the Petition for Writ of Habeas

Corpus. (Doc. 2) Magistrate Judge Acosta further recommended that this action be

dismissed and no Certificate of Appealability be issued. This case is now before me.

See 28 U.S.C. § 636(b)(1)(B) and Fed. R. Civ. P. 72(b).

When either party objects to any portion of a magistrate judge’s F&R, the

district court must make a de novo determination of that portion of the magistrate

judge’s report. See 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore

Business Machines, Inc., 656 F.2d 1309, 1313 (9th Cir. 1981), cert denied, 455 U.S.

920 (1982).

Petitioner has filed timely objections (doc. 47) and respondent has filed a timely

response (doc. 48) Having reviewed the objections and the file of this case, the Court

finds no error in Magistrate Judge Acosta’s order.

Thus, the Court adopts Magistrate Judge Acosta’s F&R (doc. 45) in its entirety.

Accordingly, this action is dismissed. The Court declines to issue a Certificate of

Appealability on the basis that petitioner has not made a substantial showing of the

denial of a constitutional right. See 28 U.S.C. § 2253(c)(2).

IT IS SO ORDERED.

Dated this _2_4_t_h_ day of March, 2021.

____________/s_/_A_n_n__ A__ik_e_n___________

Ann Aiken

United States District Judge

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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