Bomar v. O'Fallen et al, No. 4:2012cv00077 - Document 10 (D. Mont. 2014)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 9 in full. Claims A and C of the petition are DENIED on the merits. Claims Band D are DISMISSED on procedural grounds. A certificate of appealability is DENIED. Case DISMISSED WITHOUT PREJUDICE. Signed by Judge Sam E Haddon on 1/15/2014. Mailed to Bomar. (TAG, )
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Bomar v. O&#039;Fallen et al Doc. 10 FILED JAN 1 5 201.; IN THE UNITED STATES DISTRICT COURT Clerk, U .5, District Court District Of Montana Helena FOR THE DISTRICT OF MONTANA GREAT FALLS DIVISION LARRY BOMAR, No, CV 12-77-GF-SEH Petitioner, VS, ORDER DAN O'FALLEN; ATTORNEY GENERAL OF THE STATE OF MONTANA Respondents, On December 23, 2013, United States Magistrate Judge Keith Strong entered Findings and Recommendation l in this matter. Petitioner did not file objections, No review is required of proposed findings and recommendations to which no objection is made. Thomas v. Am, 474 U.S. 140, 149-152 (1986), However, this Court will review Judge Strong's Findings and Recommendation for clear error. I Doc. 9. -1 Dockets.Justia.com Upon review, I find no clear error in Judge Strong's Findings and Recommendation and adopt them in full. ORDERED: 1. Claims A and C of the petition 2 are DENIED on the merits. 2. Claims Band D of the petition 3 are DISMISSED on procedural grounds. 3. A certificate of appealability is DENIED. Any appeal would be taken in bad faith as the claims lack merit and are procedurally defaulted or unexhausted. 2. This case is DISMISSED WITHOUT PREJUDICE. DATED this IS:t%ay ofJanuary, 2014. United States District Judge 2 Doc. 1. 3 Doc. I. -2
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