Daniels v. Kirkegard et al, No. 1:2013cv00021 - Document 18 (D. Mont. 2015)

Court Description: ORDER ADOPTING 15 FINDINGS AND RECOMMENDATIONS in full. A certificate of appealability is DENIED. Signed by Judge Sam E Haddon on 1/22/2015. Mailed to Daniels. (TAG, )

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Daniels v. Kirkegard et al Doc. 18 FILED IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONT ANA BILLINGS DIVISION LARRY B. DANIELS, JAN 21. 2015 Clerk. u.s. DtlIricI Coull Distrk:l Of Montana Helena CV 13-21-BLG-SEH Petitioner, ORDER vs. LEROY KIRKEGARD; ATTORNEY GENERAL OF THE STATE OF MONTANA, Respondents. On December 15,2014, United States Magistrate Judge Carolyn S. Ostby entered Findings and Recommendation] in this matter. Petitioner 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. Upon review, I find no clear error in Judge Strong's Findings and Recommendation and adopt them in fulL 1 Doc. 15. Dockets.Justia.com ORDERED: 1. The petition2 is DENIED. 2. The Clerk of Court is directed to enter judgment in favor of Respondents. 3. A certificate of appealability is DENIED. Any appeal would be taken in bad faith as there are no open questions with regard to claims presented and nothing presented upon w~~ a reasonable jurist could disagree. DATED this ~O? ~ of January, 2015. United States District Judge 1 Doc. 1. -2­

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