Summary
The United States District Court for the District of Oregon adopts the magistrate judge's Findings and Recommendation in full because no objections were filed. The court denies Robert Earl Mayo's petition for a writ of habeas corpus, dismisses the case with prejudice, and denies a certificate of appealability.
Holdings
- When no party timely objects to a magistrate judge's Findings and Recommendation, the district court is not required to review the unobjected-to factual or legal conclusions de novo, although it may conduct further review sua sponte.
- The court adopted the magistrate judge's Findings and Recommendation in full, denied the petition for a writ of habeas corpus, and dismissed the case with prejudice.
- The court denied a certificate of appealability.
Questions Presented
- What level of review was required for the magistrate judge's Findings and Recommendation when no party filed objections?
- Whether the district court should adopt the Findings and Recommendation and deny the habeas petition.
- Whether a certificate of appealability should be denied.
Disposition
dismissed
Cases Cited (2)
- Thomas v. Arn, 474 U.S. 140, 149-50 (1985)(followed)
- United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…