Kelledy v. Lester, No. 2:2017cv00087 - Document 9 (D. Mont. 2018)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS. The Petition is DENIED for lack of merit. A certificate of appealability is DENIED. Signed by Judge Dana L. Christensen on 3/1/2018. (APP)

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Kelledy v. Lester Doc. 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BUTTE DIVISION SEAN M. KELLEDY, CV 17-87-BU-DLC-JCL Petitioner, vs. ORDER ED LESTER, ATTORNY GENERAL OF THE STATE OF MONTANA, Respondents. United States Magistrate Judge Jeremiah C. Lynch entered his Order and Findings and Recommendations on January 10, 2018, recommending that Petitioner Sean M. Kelledy's habeas petition by denied. (Doc. 7 at 6.) Petitioner failed to timely object to the Findings and Recommendations and so has waived the right to de novo review thereof. 28 U.S.C. § 636(b )(1 )(C). Absent objection, this Court reviews findings and recommendations for clear error. United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en bane); Thomas v. Arn, 474 U.S. 140, 149 (1985). 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) (citations omitted). After reviewing the record and finding no clear error, -1- Dockets.Justia.com IT IS ORDERED that Judge Lynch's Order and Findings and Recommendations (Doc. 7) are ADOPTED IN FULL. 1. The Petition (Doc. 1) is DENIED for lack of merit. 2. The Clerk of Court shall enter by separate document a judgment in favor of Respondents and against Petitioner. 3. A certificate of appealability is DENIED. DATED this 1-st day of March, 2018. Dana L. Christensen, Chief Judge United States District Court -2-

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