Pogue
Pogue v. Ratelle
Opinion
Opinion
Keep, J.
ORDER ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION DENYING THE PETITION FOR WRIT OF HABEAS CORPUS AND DENYING MOTION TO PRODUCE PERTINENT RECORDS
On May 15, 1998, Petitioner, a state prisoner proceeding pro se, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 . Petitioner filed supplemental briefing on June 30, 1998, after receiving permission to do so from the Magistrate Judge Larry A. Burns.
On May 4, 1999, Magistrate Judge Larry A. Burns issued a Report and Recommendation (“R & R”) denying the petition. Magistrate Judge Burns submitted the R & R to this court pursuant to 28 U.S.C. § 636 (b)(1). In the R & R, Magistrate Judge Burns ordered that the parties may file any objections to the R & R by June 7, 1999, and allowed any reply to be filed by June 21, 1999. On May 14, 1999, Respondent John M. Ratelle, filed objections. On May 20, 1999, Petitioner Leon H. Pogue filed objections which also contained references to Ratelle’s objections. Respondent did not file a reply.
According to 28 U.S.C. § 636 (b)(1)(C), “a judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or…