IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

DONALD RAY BENNETT, No. 2:19-cv-02005-SU

Petitioner, ORDER

v.

BRAD CAIN,

Respondent.

HERNÁNDEZ, District Judge: Magistrate Judge Sullivan issued a Findings and Recommendation on April 7, 2021 in which she recommends that this Court grant Respondent’s Motion to Lift Stay and to Dismiss Petition for Writ of Habeas Corpus. F&R, ECF 19. The matter is now before the Court pursuant to

(b)(1)(B) and Federal Rule of Civil Procedure 72(b). Petitioner filed timely objections to the Magistrate Judge’s Findings & Recommendation. Pet. Obj., ECF 21. When any party objects to any portion of the Magistrate Judge’s Findings & Recommendation, the district court must make a de novo determination of that portion of the Magistrate Judge’s report.

(b)(1); Dawson v. Marshall,

(9th Cir. 2009); United States v. Reyna-Tapia,

(9th Cir. 2003) (en banc). The Court has carefully considered Petitioner’s objections and concludes that there is no basis to modify the Findings & Recommendation. The Court has also reviewed the pertinent

portions of the record de novo and finds no error in the Magistrate Judge’s Findings & Recommendation. CONCLUSION The Court ADOPTS Magistrate Judge Sullivan’s Findings and Recommendation [19]. Therefore, Respondent’s Motion to Lift Stay and to Dismiss Petition for Writ of Habeas Corpus [17] is GRANTED. IT IS SO ORDERED.

DATED: ______J_u_l_y_ 2_5_,_ _2_0_2_1______.

___________________________ MARCO A. HERNÁNDEZ United States District Judge