Holt v. Kirkegard, No. 1:2013cv00085 - Document 31 (D. Mont. 2015)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 30 in full. The petition is DENIED on the merits. A certificate of appealability is DENIED. Signed by Judge Sam E Haddon on 3/11/2015. Mailed to Holt. (TAG, )
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Holt v. Kirkegard Doc. 31 FILED IN THE UNITED STATES DISTRICT COURT MAR 11 2015 FOR THE DISTRICT OF MONTANA Cierk, U,S, Oislrict Court District Of Montana Helena BILLINGS DIVISION BARRY K. HOLT, No, CV 13-85-BLG-SEH Petitioner, vs. ORDER LEROY KIRKEGARD; ATfORNEY GENERAL OF THE STATE OF MONTANA, Respondents. On February 20,2015, United States Magistrate Judge Carolyn S. Ostby entered Findings and Recommendation l in this matter. Petitioner did not file objections. No review is required of proposed findings and recommendations to which no objection is made. Thomas v. Am, 474 U.S. 140, 149-152 (1986). However, this Court will review Judge Ostby's Findings and Recommendation for clear error. 1 Doc. 30. -1 Dockets.Justia.com Upon review, I find no clear error in Judge Ostby's Findings and Recommendation and adopt them in full. ORDERED: 1. The petition 2 is DENIED on the merits. 2. The Clerk of Court is directed to enter a judgment of dismissal. 3. A certificate of appealability is DENIED. Any appeal would be taken in bad faith as there has been no showing of any denial of constitutional rights and no reason to encourage further proceedings. DATED this II~ay of March, 2015. d~t;,f-/#4 United States District Judge -2
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