Ayers v. Frink et al, No. 1:2013cv00103 - Document 5 (D. Mont. 2013)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS; ORDERED 1. Petition is DENIED for lack of merit. 2. A certificate of appealability is DENIED. Signed by Judge Sam E Haddon on 9/16/2013. (ACL, )
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Ayers v. Frink et al Doc. 5 FILED SEP 16 2013 Clerk. u.s. District Court District Of Montana Helena IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION TWAIN NEWMAN AYERS, Petitioner, CV 13-1 03-BLG-SEH vs. ORDER MARTIN FRINK, Warden; ATTORNEY GENERAL OF THE STATE OF MONTANA, Respondents. United States Magistrate Judge Carolyn Ostby entered her Findings and Recommendation l on August 7, 2013. Petitioner filed objections on August 28, 2013. 2 The Court reviews de novo findings and recommendations to which objection is made. 28 U.S.C. § 636(b)(I). 1 Document No. 3. 2 Document NO.4. Dockets.Justia.com Upon de novo review of the record, I find no error in Magistrate Judge Ostby's Findings and Recommendation and adopt it in full. ORDERED: I. The Petition is DENIED for lack of merit. 2. A certificate of appealability is DENIED. 3. The Clerk of Court is directed to enter, by separate document, a judgment in favor ofResJ;'ents and against Petitioner. DATED this K day of September, 2013. United States District Judge -2
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