Lowry v. Salmonsen, No. 2:2018cv00063 - Document 5 (D. Mont. 2018)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 4 in full. COA DENIED. Signed by Judge Brian Morris on 11/16/2018. Mailed to Lowry (TAG) (Main Document 5 replaced on 11/16/2018) (TAG).

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA GREAT FALLS DIVISION BOBBY FRANCIS LOWRY, CV-18-63-BU-BMM-JCL Petitioner, v. ORDER ADOPTING MAGISTRATE JUDGE’S FINDINGS AND RECOMMENDATIONS JAMES SALMONSEN, Respondent. Petitioner Bobby Francis Lowry challenged a criminal conviction for the Promotion of Prostitution handed down in Montana’s Eighteenth Judicial District Court, Gallatin County, on August 23, 2017. (Doc. 1 at 1). Following the entry of an Alford plea, Mr. Lowry was sentenced to five years in Montana State Prison. Id. Mr. Lowry claims that he has been denied access to the state courts and has, accordingly, been unable to challenge his allegedly unlawful conviction. Id. at 2-3. United States Magistrate Judge Lynch entered Findings and Recommendations on October 29, 2018, determining that Mr. Lowry had not made a substantial showing that he was deprived of a constitutional right. (Doc. 4 at 4). Judge Lynch further determined Mr. Lowry’s petition was unexhausted and that reasonable jurists would find no basis to encourage further proceedings. Id. No party filed objections to Judge Lynch’s Findings and Recommendations. The Court has reviewed the Findings and Recommendation for clear error. 1 McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). The Court finds no error in Judge Lynch’s Findings and Recommendations and adopts them in full. ORDER Accordingly, IT IS ORDERED that Magistrate Judge Lynch’s Findings and Recommendations (Doc. 4) are ADOPTED IN FULL. IT IS ORDERED that the petition (Doc. 1) is DISMISSED as unexhausted. IT IS FURTHER ORDERED that a certificate of appealability is DENIED. The Clerk of the Court is directed to enter by a separate document a judgement of dismissal. DATED this 16th day of November, 2018. 2

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