Opinion
Civ. No. 09-567-CL.
August 3, 2010
ORDER
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, this court reviews the legal principles de novo. See Lorin Corp. v Goto Co., Ltd., 700 F.2d 1202, 1206 (9th Cir. 1983).
I have given this matter de novo review. I find no error. All but one of petitioner's claims were procedurally defaulted or did not raise issues of federal law. The remaining claim, that the jury should have been told of the potential sentence, does not show a violation of federal law. Accordingly, I ADOPT the Report and Recommendation of Magistrate Judge Clarke.
CONCLUSION
Magistrate Judge Clarke's Report and Recommendation (#24) is adopted. The Petition for Writ of Habeas Corpus (#2) 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.