Long v. Attorney General of the State of Montana, No. 2:2013cv00070 - Document 13 (D. Mont. 2014)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 11 in full. Petition 1 DISMISSED WITH PREJUDICE. A Certificate of Appealability is DENIED. Signed by Judge Donald W. Molloy on 8/7/2014. Mailed to Long. (TAG, )
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Long v. Attorney General of the State of Montana Doc. 13 FILED IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BUTTE DIVISION MARTIN PAUL LONG, Clerk, u.s District Court DiStrict Of Montana Missoula CV 13-70-BU-DWM-JCL Petitioner, vs. ORDER LEROY KIRKEGARD; and the ATTORNEY GENERAL OF THE STATE OF MONTANA, Respondents. This action was filed in the United States District Court for the District of Montana, Butte Division on September 25,2013. Petitioner Martin Paul Long seeks a writ of habeas corpus under 28 U.S.C. § 2254. Because Long is a prisoner, upon filing, this matter was referred to United States Magistrate Judge Jeremiah C. Lynch. See L.R. 72.2(a). Judge Lynch issued proposed Findings and Recommendations regarding Long's Petition on July 22, 2014. (Doc. 11.) On August 5, 2014, Long timely filed an Objection to the proposed Findings and Recommendations. (Doc. 12.) Long's Objection does not specifically contest any portion of Judge Lynch's Proposed Findings and Recommendations. (See id.) In part, Long's Objection -1 Dockets.Justia.com states "de novo is in order at this time ...." (Id. at 1.) The Court therefore construes Long's Objection as a request for de novo review ofthe proposed Findings and Recommendations. See Erickson v. Pardus, 551 U.S. 89,94 (2007) ("A document filed pro se is 'to be liberally construed [.]'" (quoting Estelle v. Gamble, 429 U.S. 97, 106 (1976).)) Judge Lynch's proposed Findings and Recommendations are therefore reviewed de novo in their entirety. See 28 U.S.C. § 636(b) ("A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.") After de novo review of Judge Lynch's report, the Court finds it contains no mistake of fact or law. The Magistrate Judge's Findings and Recommendations are well-reasoned legally sound. They will be adopted in-full. Based on the foregoing, IT IS ORDERED: (1) Judge Lynch's Findings and Recommendations, (Doc. 11), are ADOPTED IN-FULL. (2) Martin Paul Long's Petition for Writ of Habeas Corpus, (Doc. 1), is DISMISSED WITH PREJUDICE. (3) A Certificate of Appealability is DENIED. The Clerk of Court shall immediately process any appeal filed by Petitioner Long. -2 (4) The Clerk of Court shall enter by separate document a judgment of dismissal with prejudice, pursuant to Federal Rule of Civil Procedure 58, and close this case. DATED this it- day of August, 2014. oIloy, District Judge United Stat s District Court -3
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