Gunderson v. Kirkegard et al, No. 1:2013cv00035 - Document 13 (D. Mont. 2013)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 12 in full. All of Gunerderson's claims are DENIED except his claim alleging trial counsel was ineffective for failing to request a lesser-included offense instruction on criminal trespass. Signed by Judge Sam E Haddon on 10/16/2013. Mailed to Gunderson. (TAG, )
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Gunderson v. Kirkegard et al Doc. 13 FILED OCT 16 2013 Clerk, u.s. District Court District Of Montana Helena IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION DAVID GUNDERSON, Petitioner, No. CV 13-35-BLG-SEH vs. ORDER LEROY KIRKEGARD, Warden, Montana State Prison; ATTORNEY GENERAL OF THE STATE OF MONTANA, Respondents. • On September 25, 2013, United States Magistrate Judge Carolyn Ostby entered Findings and Recommendations (Doc. 12) on the preliminary screening of Gunderson's 28 U,S.C. § 2254 habeas petition. Neither party filed objections, No review is required of proposed findings and recommendations to which no 1 Dockets.Justia.com objection is made. Thomas v. Am, 474 U.S. 140, 149-152 (1986). However, this Court will review Magistrate Judge Ostby's Findings and Recommendation for cl ear error. Upon review, I find no clear error in Magistrate Judge Ostby's Findings and Recommendations and adopt them in full. ORDERED: All of Gunerderson's claims are DENIED except his claim (Doc. 1-1 at 2, ~ 2A) alleging trial counsel was ineffective for failing to request a lesser-included offense instruction on cri~l trespass. DATED this !6 day of October, 2013. ~~) United States District Judge 2
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