Fox v. Daly et al, No. 1:2013cv00156 - Document 5 (D. Mont. 2014)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS. The 1 Petition for Writ of Habeas Corpus filed by Kristy Ann Fox is DENIED on its merits. A CERTIFICATE OF APPEALABILITY is DENIED. Signed by Judge Sam E Haddon on 1/10/2014. (NOB)
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Fox v. Daly et al Doc. 5 FILED JAN 10 20Vt IN THE UNITED STATES DISTRICT COURT Clel1<, u.s. District Court District Of Montana Helena FOR THE DISTRICT OF MONTANA BILLINGS DIVISION KRlSTY ANN FOX, Petitioner, CV 13-156-BLG-SEH vs. ORDER JOAN DALY; ATTORNEY GENERAL OF THE STATE OF MONTANA, Respondents. On December 20, 2013, United States Magistrate Judge Carolyn S. Ostby entered her Findings and Recommendations ' in this matter. Plaintiff filed objections on January 8,2014. 2 The Court reviews de novo findings and I Doc. 3. Doc. 4. Objections were due January 6, 2014; however, Plaintiffs objections were dated January 4, 2014, and the Court will consider such objections. 2 recommendations to which objections are made. 28 U.S.C. ยง 636(b)( I). Upon de novo review of the record, I find no error in Judge Ostby's Findings and Recommendations and adopt them in full. ORDERED: 1. The Petition3 is DENIED on its merits. 2. A certificate of appealability is DENIED. 3. The Clerk of Court is directed to enter judgment in favor of Respondents and against ~oner. DATEDthis /() day of January, 2014. United States District Judge J Doc. 1. 2