Evans v. Amsberry

Full title: ALLAN RALPH EVANS, Petitioner, v. BRIGITTE AMSBERRY, Respondent.

Court: United States District Court, District of Oregon

Date published: May 31, 2023

2:21-cv-01164-CL (D. Or. May. 31, 2023)

Opinion

2:21-cv-01164-CL

05-31-2023

ALLAN RALPH EVANS, Petitioner, v. BRIGITTE AMSBERRY, Respondent.

Michael McShane United States District Judge

ORDER

Michael McShane United States District Judge

Magistrate Judge Mark D. Clarke filed a Findings and Recommendation (ECF No. 31), and the matter is now before this Court. See 28 U.S.C. § 636(b)(1)(B); Fed.R.Civ.P. 72(b). Though no objections were filed, I review de novo. United States v. Bernhardt, 840 F.2d 1441, 1445 (9th Cir. 1998). I find no error and conclude the report is correct.

Magistrate Judge Clarke's Findings and Recommendation (ECF No. 31) is adopted in full. The Petition for Writ of Habeas Corpus (ECF No. 1) is DENIED. A Certificate of Appealability is DENIED because Petitioner has not made a substantial showing of the denial of a constitutional right. See 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 483-84 (2000).

IT IS SO ORDERED.