Price v. State of Montana et al, No. 4:2009cv00108 - Document 17 (D. Mont. 2010)

Court Description: AMENDED ORDER re 13 Order Adopting Findings and Recommendations. Grounds 1 and 3 of the 1 Petition are DENIED on the merits. Grounds 2 and 4-8 are DISMISSED WITH PREJUDICE. A certificate of appealability is DENIED. Signed by Judge Sam E Haddon on 7/21/2010. Mailed to Price. (TAG, )

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Price v. State of Montana et al Doc. 17 Ci i , " " ' . IN THE UNITED STATES DISTRICT COURT· u FOR THE DISTRICT OF MONTANA GREAT FALLS DIVISION CHESTER LAWRENCE PRICE, JR., No. CV-09-108-GF-SEH Petitioner, vs. AMENDED ORDER STATE OF MONTANA; MIKE GENERAL OF THE STATE OF MONTANA, Respondents. To correct a misstatement in the Order of July 6, 2010, and to accurately state the grounds asserted in the petition dismissed with prejudice, the July 6, 2010, Order is amended, as follows: -1- Dockets.Justia.com United States Magistrate Judge Keith Strong entered Findings and Recommendations l on April 26, 2010. Petitioner filed Objections 2 on May 11, 2010, and "Notice ofSupplimentai (sic) Authority,,3 on June 16,2010. The Court reviews de novo findings and recommendation to which objections are made. 28 U.S.C. § 636(bXI). Upon de novo review of the 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 2. are DISMISSED WITH PREJUDICE. A certificate of appealability is DENIED. 1 Document No. 10. 2Document No. 11. 'Document No. 12. 4Attached to the "Notice of Supplimental (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. 'Document No. 1. -2- 3. The Clerk of Court is directed to close this matter and enter judgment in favor of Respondents and against Petitioner. DATED tJ-t: 2010. United States District Judge -3-

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