Evans v. Amsberry

District Court, D. Oregon

Evans v. Amsberry

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON ALLAN RALPH EVANS, Petitioner, Case No. 2:21-cv-01164-CL Vv. ORDER BRIGITTE AMSBERRY, Respondent.

MCSHANE, Judge: Magistrate Judge Mark D. Clarke filed a Findings and Recommendation (ECF No. 31), and the matter is now before this Court. See

28 U.S.C. § 636

(b)(1)(B); Fed. R. Civ. P. 72(b). Though no objections were filed, I review de novo. United States v. Bernhardt,

840 F.2d 1441, 1445

(9th Cir. 1998). I find no error and conclude the report is correct. Magistrate Judge Clarke’s Findings and Recommendation (ECF No. 31) is adopted in full. The Petition for Writ of Habeas Corpus (ECF No. 1) is DENIED. A Certificate of Appealability is DENIED because Petitioner has not made a substantial showing of the denial of a constitutional right. See

28 U.S.C. § 2253

(c)(2); Slack v. McDaniel,

529 U.S. 473, 483-84

(2000).

IT IS SO ORDERED. DATED this 31st day of May, 2023. /s/ Michael J. McShane Michael McShane United States District Judge 1 -ORDER

Reference

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