Krieg v. Belleque, No. 1:2008cv01505 - Document 35 (D. Or. 2010)
Court Description: OPINION & ORDER: Adopting Findings and Recommendation 33 ; Petition 2 denied, action dismissed. Certificate of appealability denied. Ordered & Signed on 12/27/10 by Judge Owen M. Panner. (kf)
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Krieg v. Belleque Doc. 35 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON ROBERT WILLIAM KRIEG, Civ. No. 08-1505-CL Petitioner, OPINION AND ORDER v. BRIAN BELLEQUE, 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 (#33) is 1 - OPINION AND ORDER Dockets.Justia.com 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. Se'~ 28 U.S.C. § 2253(2). IT IS SO ORDERED. DATED this ~1 day of December, 2010. OWEN M. PANNER U.S. DISTRICT JUDGE 2 - ORDER
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