Shirley v. Kelly ( 2021 )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON JOSIAH TIMOTHY SHIRLEY, Petitioner, Civ. No. 6:18-cv-01113-CL v. ORDER BRANDON KELLY, Defendants. _____________________________ MCSHANE, Judge: Magistrate Judge Mark Clarke filed a Findings and Recommendation (#40), and the matter is now before this court. See 28 U.S.C. § 636(b)(1)(B), Fed. R. Civ. P. 72. Although neither party filed objections, I reviewed the legal principles 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 (#40) is adopted. The petitioner (#1) is DENIED. A Certificate of Appealability is DENIED on grounds that petitioner has not made a substantial showing of the denial of a constitutional right pursuant to 28 U.S.C. § 2253(c)(2). IT IS SO ORDERED. DATED this 13th day of May, 2021. _______/s/ Michael J. McShane________ Michael McShane United States District Judge 1 – ORDER