Robert L. Merry v. State of Alaska, and Susan Humphrey-Barnett, Alaska Department of Corrections

983 F.2d 1076 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Robert L. MERRY, Petitioner-Appellant, v. STATE OF ALASKA, and Susan Humphrey-Barnett, Alaska Department of Corrections, Respondents-Appellees. No. 92-35265. United States Court of Appeals, Ninth Circuit. Submitted Dec. 7, 1992. * Decided Jan. 6, 1993. Before WALLACE, EUGENE A. WRIGHT and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 This case raises the issue whether a state sentencing judge's ex parte clarification of a sentence to make it run consecutive to, rather than concurrent with, another sentence violates the Double Jeopardy Clause. We hold that, on these facts, it does not. 3 Before we discuss the merits, we must address the State's argument that Merry waived his right to appeal when he did not object to the magistrate judge's report, which the district court adopted in denying his habeas corpus petition. Failure to object to a magistrate judge's conclusion of law does not "standing alone, ordinarily…