Tippett v. Myrick ( 2020 )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON JERRY R. TIPPETT, Petitioner, Case No. 2:16-cv-1584-CL v. ORDER JOHN MYRICK, Superintendent of TRCI, Respondent. ___________________________ MCSHANE, Judge: Magistrate Judge Mark D. Clarke filed a Findings and Recommendation (ECF No. 110), and the matter is now before this court. See 28 U.S.C. § 636(b)(1)(B), Fed. R. Civ. P. 72(b). Petitioner filed objections to the Findings and Recommendation. Accordingly, I have reviewed the file of this case de novo. See 28 U.S.C. § 636(b)(1)(c); McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). I find no error and conclude the report is correct. Magistrate Judge Clarke’s Findings and Recommendation (ECF No. 110) is adopted. Petitioner’s Motion for an Evidentiary Hearing (ECF No. 64) is DENIED. The Petition (ECF No. 67) is DENIED and this action is DISMISSED, with prejudice. As Petitioner has not made a 1 –ORDER substantial showing of the denial of a constitutional right, the Court declines to issue a certificate of appealability. IT IS SO ORDERED. DATED this 28th day of December, 2020. _______/s/ Michael J. McShane________ Michael McShane United States District Judge 2 –ORDER