Stover v. Belleque

Full title: SHAWN WAYNE STOVER, Petitioner, v. BRIAN BELLEQUE, Respondent

Court: United States District Court, D. Oregon

Date published: May 5, 2010

Civ. No. 07-1263-CL (D. Or. May. 5, 2010)

Opinion

Civ. No. 07-1263-CL.

May 5, 2010

OPINION AND ORDER

OWEN PANNER, District Judge

Magistrate Judge Mark D. Clarke filed a Report and Recommendation ("R and R") [#44], 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 general objections to the R R [#46]. 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 R is correct. Magistrate Judge Clarke's Report and Recommendation (#44) 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.