Bradford v. Kelly

District Court, D. Oregon

Bradford v. Kelly

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

TRAVELL LAMONTE BRADFORD, No. 3:21-cv-00293-AR

Petitioner, ORDER

v.

BRANDON KELLY, Superintendent, Oregon State Penitentiary,

Respondent.

HERNÁNDEZ, District Judge: Magistrate Judge Armistead issued an Amended Findings and Recommendation on October 10, 2023, in which he recommends that this Court deny Petitioner’s Petition for Writ of Habeas Corpus. F&R, ECF 49. The matter is now before the Court pursuant to

28 U.S.C. § 636

(b)(1)(B) and Federal Rule of Civil Procedure 72(b). Petitioner filed timely objections to the Magistrate Judge’s Amended Findings and Recommendation. Pet. Obj., ECF 51. When any party objects to any portion of the Magistrate Judge’s Findings and Recommendation, the district court must make a de novo determination of that portion of the Magistrate Judge’s report.

28 U.S.C. § 636

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

561 F.3d 930, 932

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

328 F.3d 1114, 1121

(9th Cir. 2003) (en banc). The Court has carefully considered Petitioner’s objections and concludes that there is no basis to modify the Amended Findings and Recommendation. The Court has also reviewed the pertinent portions of the record de novo and finds no error in the Magistrate Judge’s Amended Findings and Recommendation. CONCLUSION The Court adopts Magistrate Judge Armistead’s Amended Findings and Recommendation [49]. Therefore, Petitioner’s Petition for Writ of Habeas Corpus [2] is DENIED.

IT IS SO ORDERED.

DATED: __N__o_v_e_m_b__e_r _1_4_,_ 2_0_2__3____.

___________________________ MARCO A. HERNÁNDEZ United States District Judge

Reference

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