Shell v. Thomas

Full title: BRANDON R. SHELL, Petitioner, v. J.E. THOMAS, Respondent

Court: United States District Court, D. Oregon

Date published: Dec 7, 2010

Civ. No. 10-1192-CL (D. Or. Dec. 7, 2010)

Opinion

Civ. No. 10-1192-CL.

December 7, 2010

OPINION AND ORDER

OWEN PANNER, District Judge

Magistrate Judge Mark D. Clarke filed a Report and Recommendation ("R R") [#5], and the matter is now before this court. See 28 U.S.C. § 636(b)(1)(B), Fed.R.Civ.P. 72(b). Petitioner filed objections [#7] to the R R. Accordingly, I have reviewed the file of this case de novo. See 288 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 R is correct.

Magistrate Judge Clarke's Report and Recommendation [#5] is adopted. The petition [#2] is dismissed without prejudice. Petitioner's Motion for Appointment of Counsel [#3] and Application for Leave to Proceed in forma pauperis [#1] are DENIED as moot. 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(C)(2).

IT IS SO ORDERED.

DATED this 7 day of December, 2010.