Jordan Adam Sutherland v. Corey Fhuere

Summary

The United States District Court for the District of Oregon adopts a magistrate judge’s Findings and Recommendation recommending denial of Jordan Adam Sutherland’s petition for a writ of habeas corpus and motion for discovery. The court denies both requests and declines to issue a certificate of appealability because no substantial showing of the denial of a constitutional right was made.

Holdings

1. Because no timely objections were filed, the district court was relieved of its obligation to review the record de novo as to the unobjected-to portions of the findings and recommendation.
2. The court adopted Magistrate Judge Russo's findings and recommendation and denied Sutherland's petition for a writ of habeas corpus and motion for discovery.
3. A certificate of appealability was denied because Sutherland had not made a substantial showing of the denial of a constitutional right.

Questions Presented

1. Whether the district court was required to conduct de novo review of the magistrate judge's findings and recommendation when no timely objections were filed.
2. Whether the magistrate judge's findings and recommendation denying the habeas petition and motion for discovery should be adopted.
3. Whether Sutherland had made a substantial showing of the denial of a constitutional right sufficient to warrant a certificate of appealability.

Disposition

other