Vondal v. Frink et al, No. 4:2011cv00042 - Document 14 (D. Mont. 2011)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 12 in full. Plaintiff's Petition for Writ of Habeas Corpus 1 is DISMISSED with prejudice and a certificate of appealability is DENIED. Signed by Judge Sam E Haddon on 9/14/2011. Mailed to Vondal. (TAG, )
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Vondal v. Frink et al Doc. 14 Gil FILED ,.; ., 1011 SFP lLJ Prl 12 19 IN THE UNITED STATES DISTRICT COURT P,\TRIC~~ E, OJFFY, CLEfU~ FOR THE DISTRICT OF MONTANA BY _________ DEPUTY CLERK GREAT FALLS DIVISION LAVERNE J. VONDAL, No. CV-1l42-GF-SEH Petitioner, vs. ORDER WARDEN MARTIN FRINK; ATIORNEY GENERAL OF THE STATE OF MONTANA, Respondent. On August 29, 2011, United States Magistrate Judge Keith Strong entered his Findings and Recommendation l in this matter. Plaintiff filed objections to Judge Strong's Findings and Recommendation on September 12,2011.2 The Court has fully considered Plaintiff s motion and has reviewed de novo Judge Strong's Findings and Recommendations. 28 U.S.C. § 636(b)(1). Upon de novo review of the record, I find no error in Judge Strong's Findings and Recommendation and adopt them in full. I Document No. 12. 2 Document No. 13. -1­ Dockets.Justia.com ORDERED: 1. Plaintiff's Petition for Writ of Habeas Corpus 3 is DISMISSED with prejudice as time-barred and as procedurally defaulted without excuse. 2. A certificate of appealability is DENIED as the matter is time-barred. 3. The Clerk is-tcted to enter judgment accordingly. DATED this 3 /1 day of September, 2011. Document No.1. -2­