Clardy v. State of Oregon et al

Filing 55

ORDER: The Court ADOPTS Magistrate Judge You's Findings and Recommendation # 53 , DENIES the Petition # 2 for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254, DISMISSES this matter with prejudice, and DENIES a certificate of appealability. IT IS SO ORDERED. Signed on 12/13/2016 by Judge Anna J. Brown. (pvh)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON SIR GIORGIO SANFORD CLARDY, Plaintiff, 2:15-CV-00412-YY ORDER v. STATE OF OREGON, et al., Defendants. BROWN, Judge. Magistrate Judge Youlee Yim You issued Findings and Recommendation (#53) on November 14, 2016, in which she recommends this Court deny Petitioner Sir Giorgio Sanford Clardy’s Petition (#2) for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254, dismiss this matter with prejudice, and deny a certificate of appealability. The matter is now before this Court pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b). 1 - ORDER Because no objections to the Magistrate Judge's Findings and Recommendation were timely filed, this Court is relieved of its obligation to review the record de novo. 561 F.3d 930, 932 (9th Cir. 2009). See Dawson v. Marshall, See also United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)(en banc). Having reviewed the legal principles de novo, the Court does not find any error. CONCLUSION The Court ADOPTS Magistrate Judge You’s Findings and Recommendation (#53), DENIES the Petition (#2) for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254, DISMISSES this matter with prejudice, and DENIES a certificate of appealability. IT IS SO ORDERED. DATED this 13th day of December, 2016. /s/ Anna J. Brown ANNA J. BROWN United States District Judge 2 - ORDER

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