Camarillo v. Kirkegard et al, No. 1:2013cv00064 - Document 7 (D. Mont. 2013)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 5 in full. Petition is DISMISSED and a certificate of appealability is DENIED. Signed by Judge Sam E Haddon on 6/14/2013. Mailed to Camarillo. (TAG, )

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Camarillo v. Kirkegard et al Doc. 7 FILED JUN H 2013 Clerk, U,S, Oistrlot Court DlIItrIot Of Montana Helena IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION MARLON CAMARILLO, Petiti oner, CV 13-64-BLG-SEH vs. ORDER LEROY KIRKEGARD; ATTORNEY GENERAL OF THE STATE OF MONTANA, Respondent. United States Magistrate Judge Carolyn Ostby entered her Findings and Recommendation l on May 21, 2013. Petitioner filed objections on June 4, 2013. 2 The Court reviews de novo findings and recommendations to which objection is made. 28 U.S.C. § 636(b )(1). I Document No, 5. 2 Document No.6, Dockets.Justia.com Upon de novo review ofthe record, I find no error in Magistrate Judge Ostby's Findings and Recommendation and adopt it in full. ORDERED: 1. Petitioner's Petition for Writ of Habeas Corpus 3 is DISMISSED. 2. The Clerk of Court is directed to enter a judgment of dismissal. 3. A certificate of appealability is DENIED because the procedural basis for dismissal is clear and ~apable. DATED this 1'1 day ofJune, 2013. United States District Judge 3 Document No. L -2­

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