Ybarra v. Coursey

Full title: DAVID YBARRA, Petitioner, v. RICK COURSEY, Respondent

Court: United States District Court, D. Oregon

Date published: Aug 23, 2011

Civ. No. 09-881-CL (D. Or. Aug. 23, 2011)

Opinion

Civ. No. 09-881-CL.

August 23, 2011

OPINION AND ORDER

OWEN 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, this court reviews the legal principles de novo. See Lorin Corp. v Goto Co., Ltd., 700 F.2d 1202, 1206 (9th Cir. 1983). I conclude that the R and R is correct.

CONCLUSION

Magistrate Judge Clarke's Report and Recommendation (#63) 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.