Opinion
No. 1:12-cv-2224-CL
02-20-2013
DAVID SMITH, Plaintiff, v. RICK HASELTON, et al., Defendants.
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). When either party objects to any portion of a Magistrate Judge's Report and Recommendation, the district court makes a de novo determination of that portion of the Magistrate Judge's report. 28 U.S.C. § 636(b)(1)(C); McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981).
Here, plaintiff objects to the Report and Recommendation, so I have reviewed this matter de novo. I agree with Magistrate Judge Clarke that plaintiff cannot state a claim against state appellate judges based on their rulings in a prior lawsuit. Accordingly, I ADOPT the Report and Recommendation of Magistrate Judge Clarke.
CONCLUSION
Magistrate Judge Clarke's Report and Recommendation (#4) is adopted. This action is dismissed with prejudice and without leave to amend.
IT IS SO ORDERED.
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OWEN M. PANNER
U.S. DISTRICT JUDGE