Price v. State of Montana et al, No. 4:2009cv00108 - Document 13 (D. Mont. 2010)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 10 in full. The 1 Petition is DISMISSED. Grounds 1 and 3 are DENIED on the merits; Grounds 2 and 4 are DISMISSED WITH PREJUDICE. A certificate of appealability is DENIED. Signed by Judge Sam E Haddon on 7/6/2010. Mailed to Price at MSP. (TAG, )
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Price v. State of Montana et al Doc. 13 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ,:V_ 6 ::0 1 US GREAT FALLS DIVISION L: I " CHESTER LAWRENCE PRICE, JR., No. CV-09-I08-GF-SEH Petitioner, vs. ORDER STATE OF MONTANA; MIKE MAHONEY; ATTORNEY GENERAL OF THE STATE OF MONTANA, Respondents. United States Magistrate Judge Keith Strong entered Findings and Recommendations! on April 26, 2010. Petitioner filed Objections 2 on May 11, 2010, and "Notice of Supplimental (sic) Authority") on June 16,2010. The Court I DocumentNo. 10. 2Document No. 11. 3Document No. 12. -1- Dockets.Justia.com reviews de novo findings and recommendation to which objections are made. 28 U.S.C. ยง 636(b)(1). Upon de novo review ofthe record, and full consideration of the objections and Notice of Supplemental Authority\ I find no error in Judge Strong's Findings and Recommendations and adopt them in full. ORDERED: 1. The PetitionS is DISMISSED as follows: a. Grounds 1 and 3 are DENIED on the merits; and b. Grounds 2 and 4 are DISMISSED WITH PREJUDICE. 2. A certificate of appealability is DENIED. 3. The Clerk of Court is directed to close this matter and enter judgment in favor of Respondents,g against Petitioner. DATED this --'-day ofJuly, 2010. AME.HADDON United States District Judge 4Attached to the "Notice of Supplimentai (sic) Authority" are three letters directed to "Whom it May Concern" and two letters directed to the Montana Pardon and Parole Board. All are characterized as supplemental support to the petition. 5Document No.1. -2- \
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