Shamberger v. Belleque, No. 1:2009cv01266 - Document 35 (D. Or. 2012)
Court Description: OPINION & ORDER: Adopting Report and Recommendation 32 ; denying Petition 2 ; action dismissed. Denying Certificate of Appealability. Ordered & Signed on 4/12/12 by Judge Owen M. Panner. (kf)
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IN THE UNITED STATES DISTRICT COURT I FOR THE DISTRICT OF OREGON I , RONALD ARLEN SHAMBERGER, Petitioner, v. 1-09-cv-1266-CL OPINION AND ORDER I BRIAN BELLEQUE, l Respondent. I 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). objections have been filed, Although no 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 Rand R is correct. I I f I I r I r l- t 1 - OPINION AND ORDER , I Magistrate Judge C rke's Report and Recommendation (#32) is adopted. Petition (#2) is DENIED and this action is di Because ioner has not made a substant denial of a constitutional is DENIED. See 28 U.S.C. 1 showing of ght, a certificate of appea § ssed. lity 2253(2). IT IS SO ORDERED. DATED this /Yctay of April, 2012 OWEN M. PANNER U.S. DISTRICT JUDGE 2 - ORDER 1
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