Holt v. Kirkegard, No. 1:2013cv00085 - Document 36 (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. Any appeal would be taken in bad faith. Signed by Judge Sam E Haddon on 4/9/2015. Mailed to Holt. (TAG, )
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Holt v. Kirkegard Doc. 36 FILED APR 092015 ClerK, u.s. Dislllet Court Dislliet Of Montana Helena IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION BARRYK. HOLT, Petitioner, No. CV 13-85-BLG-SEH vs. ORDER LEROY KlRKEGARD; ATTORNEY 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 filed objections on April 6, 2015. 2 The Court reviews de novo findings and recommendation to which objection is made. 28 U.S.c. § 636(b)(1). Upon de novo review of the record, I find no clear error in Judge Ostby's 1 Doc. 30. 2 Doc. 35. -1 Dockets.Justia.com Findings and Recommendation and adopt them in full. ORDERED: 1. The petition3 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 fu~r proceedings. DATED this ~ day of April, 2015. 4Jf:~li/~<I~ United States District Judge l Doc. I. -2
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