Opinion
No. 3:ll-cv-492-CL
04-06-2012
RONALD BRUCE ELLIS, Petitioner, v. CITY OF PORTLAND, et al., Respondents.
ORDER
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). Although no objections have been filed, I review legal principles de novo. See Lorin Corp. v Goto & Co., Ltd., 700 F.2d 1202, 1206 (8th Cir. 1983).
I agree with Magistrate Judge Clarke that the amended petition must be dismissed without prejudice. Petitioner failed to comply with this court's order to file an amended petition "legibly written or typewritten on forms supplied by the Court." LR 81-1. This court sent petitioner a copy of the form for habeas petitions, but petitioner did not use the form.
The Report and Recommendation cites Local Rule 295-1, a prior version of Local Rule 81-1. The relevant wording is identical, however.
CONCLUSION
Magistrate Judge Clarke's Report and Recommendation (#14) is adopted. The amended petition (#10) is dismissed without prejudice. The court denies a certificate of appealability.
IT IS SO ORDERED.
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OWEN M. PANNER
U.S. DISTRICT JUDGE