Wylie v. Acton, No. 2:2011cv00067 - Document 7 (D. Mont. 2012)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS and DISMISSING Writ without prejudice re; 1 Petition for Writ of Habeas Corpus filed by Heather Erin Wylie. The Clerk of Court is directed to enter judgment in favor of Respondents and against Petitioner; a certificate of appealability is DENIED. Any appeal would be taken in bad faith as all state remedies have not been exhausted. Signed by Judge Sam E Haddon on 1/27/2012. (hard copy to Wylie) (CDH, )
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Wylie v. Acton Doc. 7 FILED JAN 272012 .;ATrUCK E. OVFFY, CLEIIJ( OEPUTy CL~RK, BtIJ'TJ! IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BUTTE DIVISION !lEATHER ERIN WYLIE, Petitioner, No. CV 11-67-BU-SEH VB. ORDER WARDEN JO ACTON; ATTORNEY GENERAL OF THE STATE OF MONTANA, Respondents. On December 28, 2011, United States Magistrate Judge Keith Strong entered Findings and Recommendation' 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). I Docket No.6. -1 Dockets.Justia.com However, this Court will review Judge Strong's Findings and Recommendation for clear error. Upon review, I find no clear error in Judge Strong's Findings and Recommendation and adopt them in full. ORDERED: 1. The Petition fur Writ of Habeas Corpus 2 is DISMISSED WITHOUT PREJUDICE for failing to exhaust all state remedies. 2. The Clerk of Court is directed to enter a judgment in favor of Respondents and against Petitioner. 3. A certificate of appealability is DENIED. Any appeal would be taken in bad faith as all state rem~%es have not been exhausted. DATED this :27 ~y of January, 2012 . . ~~\ AM E. HADDON United States District Judge 2 Docket :'--10. 1. -2
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