Opinion
Civ. No. 09-893-CL.
December 22, 2010
OPINION AND ORDER
Magistrate Judge Mark D. Clarke filed a Report and Recommendation ("R and R") [#29], and the matter is now before this court. See 28 U.S.C. § 636(b)(1)(B), Fed.R.Civ.P. 72(b). One day prior to the R and R, petitioner filed Petitioner's Response To Respondent's Response to Petition For Writ Of Habeas Corpus [#26]. I construe petitioner's response, as well as the amended response [#28] as objections to the R and R. Accordingly, I have reviewed the file of this case de novo. See 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 R and R is correct.
Magistrate Judge Clarke's Report and Recommendation [#29] is adopted. The petition [#2] 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.
DATED this 22 day of December, 2010.