Michaelson v. Young et al, No. 4:2020cv00048 - Document 5 (D. Mont. 2020)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 4 in full. COA denied. Signed by Judge Brian Morris on 8/31/2020. Mailed to Michaelson (TAG)
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Michaelson v. Young et al Doc. 5 Case 4:20-cv-00048-BMM Document 5 Filed 08/31/20 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA GREAT FALLS DIVISION RYAN MICHAELSON, CV 20-48-GF-BMM-JTJ Petitioner, vs. ORDER RICHARD J. YOUNG; ATTORNEY GENERAL OF THE STATE OF MONTANA, Respondents. United States Magistrate Judge John Johnston entered his Findings and Recommendations in this case on August 13, 2020 (Doc. 4.) Judge Johnston recommended that Michaelson’s Petition (Doc. 1) should be DISMISSED under Fed. R. Civ. P. 41(b) for failure to prosecute, that the Clerk of Court should be directed to enter, by separate document, a judgment in favor of Respondents and against Petitioner, and that a certificate of appealability should be DENIED. Neither party filed objections to the Findings and Recommendations. The parties have 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 banc); Thomas v. Arn, 474 U.S. 140, 149 (1985). Clear error exists if the Court is left -1 - Dockets.Justia.com Case 4:20-cv-00048-BMM Document 5 Filed 08/31/20 Page 2 of 2 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). Reviewing for clear error and finding none, IT IS ORDERED that Judge Johnston’s Findings and Recommendations (Doc. 4) are ADOPTED IN FULL. DATED this 31st day of August, 2020. -2 -
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