Mendacino v. Nooth

Full title: PHYLL MENDACINO, Petitioner, v. MARK NOOTH, Respondent

Court: United States District Court, D. Oregon

Date published: Jul 12, 2010

Civ. No. 08-485-CL (D. Or. Jul. 12, 2010)

Opinion

Civ. No. 08-485-CL.

July 12, 2010

OPINION AND ORDER

OWEN PANNER, District Judge

PANNER, District Judge:

Magistrate Judge Mark D. Clarke filed a Report and Recommendation and the matter is now before this court. See 28 U.S.C. § 636(b)(1)(B), Fed.R.Civ.P. 72(b). Petitioner has filed objections [#33], and I have reviewed the file of this case de novo. 28 U.S.C. § 636(b)(1)(c); McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). I conclude the Rand R is correct.

CONCLUSION

Magistrate Judge Clarke's Report and Recommendation (#31) is adopted. The petition (#1) is denied and this action is dismissed. Because petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability is DENIED. See 28 U.S.C. § 2253(2).

IT IS SO ORDERED.