Lacey v. Head Jailer Gallatin Co. Det. Ctr. et al, No. 2:2010cv00047 - Document 7 (D. Mont. 2010)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 5 in full. Certificate of appealability DENIED. Signed by Judge Richard F. Cebull on 10/18/2010. Mailed to Lacey. (TAG, )
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Lacey v. Head Jailer Gallatin Co. Det. Ctr. et al Doc. 7 ....... 11 LLtlJ BY _ _ __ DEPUTY CI.ERK IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BUTTE DIVISION JOHN BRANDON LACEY, Plaintiff, vs. HEAD JAILER, GALLATIN COUNTY; HEAD JAILER, BROADWATER COUNTY; ATTORNEY GENERAL OF THE STATE OF MONTANA, Defendants. CV-IO-47-BU-RFC-CSO ) ) ) ) ) ) ) ) ) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS OF U.S.l\iAGISTRATE JUDGE ) ) ) ) ) ---------------------) On September 21,2010, United States Magistrate Judge Carolyn Ostby entered Findings and Recommendation (Doc. 5) as to the Rule 4 prescreening of what she construed to be Lacey's 28 U.S.C. § § 2241 (c)(3) petition for writ of habeas corpus (Doc. 1). Lacey is a pre-trial detainee in state custody who asks this Court to enjoin the state court proceedings against him on the grounds that his 1 Dockets.Justia.com right to a speedy trial has been violated. Magistrate Judge Ostby concluded there are no extraordinary circumstances that would justify this court's interference in ongoing state court proceeding, citing Younger v. Harris, 401 U.S. 37 (1971). Magistrate Judge Ostby therefore recommends this Court dismiss the petition without prejudice, deny Lacey a certificate of appealability, and enter a judgment of dismissal. Upon service of a magistrate judge's findings and recommendation, a party has 14 days to file written objections. 28 U.S.C. § 636(b)(I). The time for objection has expired without objection from Lacey. This failure to object waives all objections to the findings offact, Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1999), but this Court must still review de novo the magistrate judge's conclusions oflaw. Barilla v. Ervin, 886 F.2d 1514, 1518 (9th Cir. 1989). After a reviewing the record and applicable law, this Court finds Magistrate Judge Ostby's Findings and Recommendation are well grounded in law and fact and adopts them in their entirety. Accordingly, IT IS HEREBY ORDERED that Lacey's petition (Doc. 1) is DISMISSED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that a certificate of appealability is DENIED. 2 The Clerk of Court is directed to enter, by separate document, a judgment of dismissal. . DATED the , v dayofOctober20l97 /' I. ['. (Z/ / /.v • , .e" /( RICHARD F. CEBULL UNlTED STATES DISTRICT JUDGE 3
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