Archer v. Law et al, No. 2:2009cv00073 - Document 11 (D. Mont. 2010)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 10 in full. The Petition 1 is DISMISSED WITH PREJUDICE, a certificate of appealability is DENIED, and the Court certifies that any appeal would not be taken in good faith. Signed by Judge Sam E Haddon on 3/2/2010. Copy mailed to Archer. (TAG, )
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Archer v. Law et al Doc. 11 , " ':" J • \ :_ f , -- .-, 2010 MAR 2 '::- 3 12 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BUTTE DIVISION MAURICE RONALD ARCHER, Petitioner, No. CV 09-73-BU-SEH vs. ORDER MIKE MAHONEY; ATTORNEY GENERAL OF THE STATE OF MONTANA, Respondents. On February 8,2010, United States Magistrate Judge Keith Strong entered Findings and Recommendations l in this matter. Plaintiff did not file objections. No review is required of proposed findings and recommendations to which no 1 Docket No. 10. Dockets.Justia.com objection is made. Thomas v. Am, 474 U.S. 140, 149-152 (1986). However, this Court will review Judge Strong's Findings and Recommendation for clear error. Upon review, I find no clear error in Judge Strong's Findings and Recommendations and adopt them in full. ORDERED: 1. The Petition 2 is DISMISSED WITH PREJUDICE as procedurally defaulted. 2. The Clerk of Court is directed to enter a judgment in favor of Respondents and against Petitioner. 3. A certificate of appealability is DENIED. Any appeal would be taken in bad faith as the petition is procedurally defaulted. DATED this 4.&!!/a y of March, 2010. United States District Judge 2 Docket No.1 -2-
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