Rogers v. Ferriter et al, No. 2:2012cv00013 - Document 22 (D. Mont. 2013)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 20 in full. Petition DISMISSED WITH PREJUDICE as time-barred and Claim 1 is DISMISSED WITH PREJUDICE as procedurally barred. Certificate of appealability DENIED as to procedural default of Claim 1 and GRANTED on the issue of whether and when sentence review proceedings in Montana toll federal limitations period. Signed by Judge Dana L. Christensen on 8/2/2013.