McQueen v. Klamath County, No. 1:2010cv00893 - Document 12 (D. Or. 2010)
Court Description: OPINION AND ORDER : Adopting Magistrate Judge Clarke's Report and Recommendation 10 . The amended petition 8 is denied and this action is dismissed without prejudice to re-file upon exhaustion of the claims. Certificate of appealability is DENIED. Signed on 12/27/2010 by Judge Owen M. Panner. (dkj)
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McQueen v. Klamath County Doc. 12 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON MARK D. MCQUEEN, Civ. No. 10-893-CL Petitioner, OPINION AND ORDER v. KLAMATH COUNTY, 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) (8), Fed. R. Civ. P. 72 (b). Although no objections have been filed, principles de novo. See this court reviews the legal ~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 (#10) is 1 - OPINION AND ORDER Dockets.Justia.com adopted. The amended petition (#8) is denied and this action is dismissed without prejudice to re-file upon exhaustion of the claims. Because petitioner the denial of a ~as constitu~io~al appealability is DENIED. Sel~ not made a substantial showing of right, a certificate of 28 U.S.C. § 2253(2). IT IS SO ORDER2D. DATED this 7--:~ day of December, 2010. OWEN M. PANNER U.S. DISTRICT JUDGE 2 - ORDER
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