Latray v. Sheriff Linder et al, No. 1:2015cv00137 - Document 5 (D. Mont. 2016)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 4 in full. Petition 1 DISMISSED WITHOUT PREJUDICE. A certificate of appealability is DENIED. Signed by Judge Susan P. Watters on 1/11/2016. Mailed to Latray. (TAG, )

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- ------------------------- Latray v. Sheriff Linder et al Doc. 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONT ANA BILLINGS DIVISION FILED I , .' J .-·-H'i 1 • 2'''6 t l; I Clerk. U S District Court District Of Montana B!llings RONALD 0. LATRAY, CV 15-137-BLG-SPW Petitioner, ORDER vs. SHERIFF LINDER; ATTORNEY GENERAL OF THE STATE OF MONTANA, Respondents. Petitioner Ronald Latray applied for writ of habeas corpus under 28 U.S.C. 2254. (Doc. 1). Latray is a state prisoner proceeding pro se. United States Magistrate Judge Carolyn Ostby entered Findings and Recommendations in this matter on December 23, 2015, in which she recommended that Latray's Petition be dismissed without prejudice. (Doc. 4). Pursuant to 28 U.S.C. § 636(b)(l), written objections to Judge Ostby's Findings and Recommendations were due 14 days after their filing. No objections were filed. When neither party objects, this Court must still review Judge Ostby's conclusions for clear error. Clear error exists if the 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 1 Dockets.Justia.com Recommendations, this Court does not find that Judge Ostby committed clear error. Accordingly, IT IS HEREBY ORDERED: 1. Judge Ostby's Findings and Recommendations (Doc. 4) are ADOPTED IN FULL. 2. Latray's Petition (doc. 1) is DISMISSED WITHOUT PREJUDICE for failure to exhaust remedies. 3. The Clerk of Court is directed to close the matter and enter judgment pursuant to Rule 58 of the Federal Rules of Procedure. 4. Pursuant to Rule 1 l(a) of the Rules Governing§ 2254 proceedings, a certificate of appealability is DENIED. IJ~ DATED this .LL day of January 2016. ~-a±o,_ r ((~<~ SUSANP. WATTERS United States District Judge 2

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