Poulson v. Budd et al, No. 6:2016cv00016 - Document 3 (D. Mont. 2016)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS in FULL for 2 Findings and Recommendations, 1 Petition for Writ of Habeas Corpus is DENIED AND DISMISSED for lack of jurisdiction. IT IS FURTHER ORDERED that a certificate of appealability is DENIED. Signed by Judge Dana L. Christensen on 4/4/2016. (HEG, )
Download PDF
<![CDATA[
Poulson v. Budd et al Doc. 3 FILED IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA HELENA DIVISION APR 0 ~ 2016 Clerk, U.S. District Court District Of Montana Missoula CV 16-16-H-DLC-JTJ KERMIT POULSON Petitioner, ORDER vs. DERRICK BUDD, LEROY KIRKEGARD, Respondents. United States Magistrate Judge John T. Johnston entered findings and recommendations in this case on February 25, 2016, recommending that Petitioner Kermit Poulson's ("Poulson") petition for writ of habeas corpus, pursuant to 28 U.S.C. § 2254, be denied for lack of jurisdiction. Poulson did not object to the findings and recommendations, and so waived the right to de nova review of the record. 28 U.S.C. § 636(b)(l)(C). This Court reviews for clear error those findings and recommendations to which no party objects. See McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981); Thomas v. Arn, 474 U.S. 140, 149 (1985). Clear error exists ifthe 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). -1- Dockets.Justia.com Having reviewed the findings and recommendations, the Court finds no clear error in Judge Johnston's conclusion that Paulson's claims are more appropriately brought pursuant to 42 U.S.C. § 1983, and that his habeas petition founded on these claims should be denied as a result. Accordingly, IT IS ORDERED that Judge Johnston's findings and recommendations (Doc. 2) are ADOPTED IN FULL. Paulson's habeas petition (Doc. 1) is DENIED and DISMISSED for lack of jurisdiction. IT IS FURTHER ORDERED that the Clerk of Court shall enter, by separate document, a judgment in favor of Respondents and against Petitioner. IT IS FURTHER ORDERED that a certificate of appealability is DENIED. DATED this ~ ±_ day of April, 201 . United States District Court -2-
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
