Bas Qualls v. Coursey, No. 1:2009cv00329 - Document 45 (D. Or. 2011)

Court Description: OPINION & ORDER: Adopting Report and Recommendation 43 ; Petition 1 denied & this action dismissed. Certificate of appealability is denied. Ordered & Signed on 1/24/11 by Judge Owen M. Panner. (kf)

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Bas Qualls v. Coursey Doc. 45 FILED"ll.]A.li 2412:19uSDC-ORI1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON CRYSTIN RARIN BAS tioner, Civ. No. 09-329-CL OPINION AND ORDER v. RICK COURSEY, Re PANNER, District Judge: Magistrate Mark D. Clarke filed a Repo ("R this court. Although no legal p R") 28 U.S.C. and [#43J, and the matter is now § 636(b} (I) (B), Fed. R. v. P. 72(b). ections have been filed, this court es re ews t novo. See Lorin Corp. v Goto & Co., Ltd., 700 F.2d 1202, 1206 (9th Cir. 1983). I conclude that the R R is correct. 1 - OPINION AND ORDER Dockets.Justia.com CONCLUSION Magistrate Judge Clarke's Report and Recormnendation (#43) is adopted. The Petition (#1) is DENIED and Because petit r is action is smissed. s not made a substantial showing of the denial of a constitutional right, a certificate of appealability is DENIED. IT DATED 28 U.S.C. § 2253(2). SO ORDERED. is ,.", d )--i day of January, 2011. OWEN M. PANNER U.S. DISTRICT JUDGE 2 - ORDER

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