Hardman v. Frink et al, No. 1:2013cv00141 - Document 6 (D. Mont. 2014)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS; denying as moot 2 Motion for Leave to Proceed in forma pauperis. Petitioner's petition for writ of habeas corpus 1 is DISMISSED WITHOUT PREJUDICE for failing to exhaust all state remedies. A certificate of appealability is DENIED. Signed by Judge Sam E Haddon on 2/21/2014. Mailed to Hardman. (TAG, )

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Hardman v. Frink et al Doc. 6 FILED FEB 2 t 201~ Clerk. u.s. Diemct Court DIstrict Of Montana Helena IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION JEFFREY HARDMAN, Petitioner, No. CV 13-141-BLG-SEH vs. ORDER MARTIN FRINK; ATIORNEY GENERAL OF THE STATE OF MONTANA; SUPREME COURT OF THE STATE OF MONTANA, Respondents. I On February 3, 2014, United States Magistrate Carolyn S. Ostby entered her Findings and Recommendation l 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 Strong's Findings and Recommendation for clear error. I Doc. 5. Dockets.Justia.com Upon review, I find no clear error in Judge Ostby's Findings and Recommendation and adopt them in fulL ORDERED: 1. Petitioner's Application to Proceed in Forma Pauperis 2 is DENIED AS MOOT. 2. Petitioner's petition for writ of habeas corpus 3 is DISMISSED WITHOUT PREJUDICE for failing to exhaust all state remedies. 2. The Clerk of Court is directed to enter a judgment of dismissal. 3. A certificate of appealability is DENIED. Any appeal would be taken in bad faith as all state remedies have not been exhausted. . "1 sfday ofFebruary, 2014. DATED thIS t:x ~(~~) ~.HADDON United States District Judge "Doc. 2. 'Doc. 1. 2

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