Mellerio v. Cain ( 2021 )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON MICHAEL ALEXANDER MELLERIO, Petitioner, Civ. No. 2:18-cv-865-MK v. ORDER BRAD CAIN, Superintended SRCI; and MARK NOOTH, Superintendent SRCI, Respondents. _____________________________ MCSHANE, Judge: Magistrate Judge Mustafa Kasubhai filed a Findings and Recommendation (ECF No. 42), 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 Kasubhai’s Findings and Recommendation (ECF No. 42) is adopted. The Petition is DENIED and this matter is dismissed. As Petitioner has not made a substantial 1 –ORDER showing of the denial of a constitutional right pursuant to 28 U.S.C. § 2253(c)(2), a Certificate of Appealability is DENIED. IT IS SO ORDERED. DATED this 24th day of February, 2021. _______/s/ Michael J. McShane________ Michael McShane United States District Judge 2 –ORDER