Opinion
1-09-cv-1266-CL
04-12-2012
RONALD ARLEN SHAMBERGER, Petitioner, v. BRIAN BELLEQUE, Respondent.
OPINION AND ORDER
PANNER, District Judge:
Magistrate Judge Mark D. Clarke filed a Report and Recommendation (#32), 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 the legal principles de novo. See Lorin Corp. v Goto & Co., Ltd., 700 F.2d 1202, 1206 (9th Cir. 1983). I conclude the R and R is correct.
Magistrate Judge Clarke's Report and Recommendation (#32) 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.
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OWEN M. PANNER
U.S. DISTRICT JUDGE