Mascarena v. State of Montana et al, No. 1:2012cv00159 - Document 10 (D. Mont. 2013)

Court Description: ORDER ADOPTING 8 FINDINGS AND RECOMMENDATIONS. Petition for Writ of Habeas Corpus 1 DENIED. Certificate of Appealability DENIED. Signed by Judge Sam E Haddon on 6/25/2013. Mailed to Mascarena. (TAG, )

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Mascarena v. State of Montana et al Doc. 10 FILED J:.JN 2 5 2013 Cieri<, U.s. District Court District Of Montana Helena IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION CLAYTON JAMES MASCARENA, Petitioner, No. CV 12-1S9-BLG-SEH vs. STATE OF MONTANA -13TH JUDICIAL DISTRICT COURT and the ATTORNEY GENERAL of the STATE OF MONTANA, ORDER Respondents. On June 4, 2013, United States Magistrate Judge Carolyn Ostby 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 objection is made. Thomas v. Am, 474 U.S. 140, 149-152 (1986). However, this Court will review Judge Ostby'S Findings and Recommendation for clear error. I Docket No. 86. Dockets.Justia.com Upon review, I find no clear error in Magistrate Judge Ostby's Findings and Recommendations and adopt them in fulL ORDERED: I. Petitioner's Petition for Writ of Habeas Corpus2 is DENIED. 2. A Certificate of Appealability is DENIED. 2. The Clerk is directed to enter judgment accordingly. DATED !h;, &OfJun" 2013. nited States District Judge 2Document No. 1,

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