Wilson v. Attorney General of the State of Montana, No. 1:2014cv00050 - Document 9 (D. Mont. 2014)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 6 in full. Wilson's Motion for Leave to Proceed informa pauperis 2 is DENIED as moot. Wilson's Petition 1 is DISMISSED. A certificate of appealability is DENIED. Signed by Judge Susan P. Watters on 6/10/2014. Mailed to Wilson. (TAG, )

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Wilson v. Attorney General of the State of Montana Doc. 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION TYLER ALLEN WILSON, CV 14-50-BLG-SPW Petitioner, ORDER vs. ATTORNEY GENERAL OF THE STATE OF MONTANA, Respondent. Petitioner Tyler Wilson brings this action pursuant to 28 U.S.C. § 2254. In his Petition, Wilson alleges that he is unconstitutionally being prohibited from going to treatment and held without bond. (Doc. 1 at 4). Wilson also requests that he either be arraigned on his pending federal charge or that the charge be dismissed. (Id. at 5). Wilson was later arraigned in U.S. District Court. See US. v. Wilson, CR 14-24-GF-BMM. United States Magistrate Judge Carolyn Ostby entered Findings and Recommendations in this matter on May 16, 2014, in which she recommended that Wilson's Petition be dismissed. (Doc. 6). Specifically, Judge Ostby determined that Wilson needs to raise his issue in state court before he can petition a federal court. 1 Dockets.Justia.com Pursuant to 28 U.S.C. § 636(b)(l), written objections to Judge Ostby's Findings and Recommendations were due 14 days after service. No objections were filed. When neither party objects, this Court must still review Judge Ostby's conclusions for clear error. Clear error exists ifthe Court is left with a "definite and firm conviction that a mistake has been committed." United States v. Syrax, 235 F.3d 422, 427 (9th Cir.2000). After reviewing the Findings and Recommendations, this Court does not find that Judge Ostby committed clear error. Accordingly, IT IS HEREBY ORDERED: 1. Wilson's Motion for Leave to Proceed informapauperis (Doc. 2) is DENIED as moot. 2. Judge Ostby's Findings and Recommendations (Doc. 6) are ADOPTED IN FULL. 3. Wilson's Petition (Doc. 1) is DISMISSED. 4. The Clerk of Court shall enter, by separate document, a judgment of dismissal. 5. A certificate of appealability is DENIED. DATED lhi' &";f;y of Ju~, 2014. A ~/.w'~'""susANP. WATTERS United States District Judge 2

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