Mendacino v. Nooth, No. 1:2008cv00485 - Document 37 (D. Or. 2010)
Court Description: Opinion and Order: Adopting Judge Clarke's Report & Recommendation: Amended Petition for Writ of Habeas Corpus(2254) 21 should be Denied 31 . The petition 1 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 by Judge Owen M. Panner. (dkj)
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Mendacino v. Nooth Doc. 37 FILED"10 ,JUL 12 '3 6BIJSDC·ORt·1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PHYLL MENDACINO, Petitioner, Civ. No. 08-485-CL v. OPINION AND ORDER MARK NOOTH, Respondent. PANNER, District Judge: Magistrate Judge Mark D. Clarke filed a Report and Recommendation and the matter is:loW before this court. U.S.C. § 636(b) (1) (B), Fed. R. Civ. P. 72(b). See 28 Petitioner has filed objections [#33J, and I hav2 reviewed the file of this case de novo. 28 U.S.C. § 636(b) (1) (c); McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). I conclude the Rand R is correct. IIII IIII 1 - OPINION AND ORDER Dockets.Justia.com CONCLUSION Magistrate Judge Clarke's Report and Recommendation (#31) is adopted. dismissed. The petition (#1) is denied and this action is Because petitioner haEi 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. DATED this />/ day of July, 2010. OWEN M. PANNER U.S. DISTRICT JUDGE 2 - ORDER
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