Ybarra v. Coursey, No. 1:2009cv00881 - Document 65 (D. Or. 2011)

Court Description: Opinion and Order: Magistrate Judge Clarke's Report & Recommendation 63 is adopted. The petition 2 is denied and this action is dismissed. Signed on 8/23/2011 by Judge Owen M. Panner. (dkj)

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Ybarra v. Coursey Doc. 65 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON DAVID YBARRA, Petitioner, Civ. No. 09-881-CL OPINION AND ORDER v. RICK COURSEY, Respondent. 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 Rand R is correct. CONCLUSION Magistrate Judge Clarke's Report and Recommendation (#63) is 1 - OPINION AND ORDER Dockets.Justia.com adopted. The pet ion (#2) is denied and this action is smissed. Because petitioner has not made a substantial showing of the denial a const ional right, a certificate of appealability is DENIED. See 28 U.S.C. § 2253(2). IT IS SO ORDERED. DATED this ~ day of August, 2011. , OWEN M. PANNER U.S. DISTRICT JUDGE 2 I ORDER ( l ,

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