Morrison v. Spang, No. 1:2009cv00148 - Document 6 (D. Mont. 2010)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 5 in full. The Petition 1 is DISMISSED. Signed by Judge Richard F. Cebull on 2/5/2010. Copy mailed to Morrison. (TAG, )

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Morrison v. Spang Doc. 6 IN THE UNITED STATES DISTRICT COURT FILED BILLINGS orltl. FOR THE DISTRICT OF MONTANA BILLINGS DIVISION 'lu"rO c:. r fB 5 PfJ 1 23 l r\ JAMES MORRISON, Petitioner, vs. LEROY SPANG, President, Northern Cheyenne Tribe; Respondents. CV-09-148-BLG-RIT ) ) ) ) ) ) ) ) ) ) ) PI c. -=---cl7RK--'L. t ;, DEPUTY ORDER ADOPTING FINDINGS AND RECOMMENDATIONS OF U.S. MAGISTRATE JUDGE -----------------------) On January 5,2010, United States Magistrate Judge Carolyn Ostby entered Findings and Recommendation. Magistrate Judge Ostby recommends this Court dismiss Plaintiffs writ of habeas corpus under 28 U.S.C. § 2241. 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)(l). In this matter, no party filed objections to the January 5,2010 Findings and Recommendation. Failure to object to a magistrate judge's findings and recommendation waives all objections to the findings of fact. Turner v. Duncan, 158 F.3d 449,455 (9th Cir. 1999). However, failure to object does not relieve this Court of its burden to 1 Dockets.Justia.com review de novo the magistrate judge's conclusions of law. Barilla v. Ervin, 886 F.2d 1514,1518 (9th Cir. 1989). After an extensive review of 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. Petitioner must exhaust available remedies in the tribal court before this Court will consider his petition. Selam v. Warm Springs Tribal Carr. Facility, 134 F.3d 948, 953-54 & n.6 (9th Cir. 1998). Accordingly, IT IS HEREBY ORDERED that the Petition is DISMISSED for failure to exhaust tribal remedies. The Clerk of Court is directed to enter by separate document a judgment of dismissal. The Clerk DATED the the parties of the entry of this Order. day of February, 201 HARDF. CEBULL UNITED STATES DISTRICT JUDGE 2

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