Young v. Belleque

Filing 27

ORDER: Adopting Amended Findings and Recommendation 22 . Petitioner's petition for writ of habeas corpus 1 is DENIED, and this proceeding is DISMISSED, with prejudice. Signed on 9/16/10 by Judge Malcolm F. Marsh. (dmd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION CLIFFORD YOUNG, Petitioner, v. BRIAN BELLEQUE, Respondent. C. Renee Manes Assistant Federal Public Defender 101 S.W. Main Street, Suite 1700 Portland, Oregon 97204 Attorney for Petitioner John R. Kroger Attorney General Jonathan W. Diehl Assistant Attorney General Department of Justice 1162 Court Street N.E. Salem, Oregon, 97301-4096 Attorneys for Respondent 1 - ORDER Civil No. 09-206-HU ORDER

MARSH, Judge. Magistrate Judge Dennis J. Hubel filed his Amended Findings and Recommendation on August 6, 2010. The matter is now before me

pursuant to 28 U.S.C. § 636(b)(1)(B) and Fed. R. Civ. P. 72(b). When either party objects to any portion of the Magistrate's Findings and Recommendation, the district court must make a de novo determination of that portion of the Magistrate's report. See 28 U.S.C. § 636(b)(1)(C); McDonnell Douglas Corp. v. Commodore Business Machines, Inc., 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982). Petitioner has filed timely objections. given the file of this case a de novo review. I have, therefore, I find no error.

Accordingly, I ADOPT the Amended Findings and Recommendation #22 of Magistrate Judge Hubel. Petitioner's petition for writ of

habeas corpus (#1) is DENIED, and this proceeding is DISMISSED, with prejudice. Because petitioner has not made a substantial

showing of the denial of a constitutional right, a certificate of appealability is DENIED. IT IS SO ORDERED. DATED this 16 day of September, 2010 /s/ Malcolm F. Marsh Malcolm F. Marsh United States District Judge See 28 U.S.C. § 2253(c)(2).

2 - ORDER