Rose v. Attorney General of the State of Montana, No. 6:2020cv00031 - Document 5 (D. Mont. 2020)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 4 in full. COA denied. Signed by Judge Brian Morris on 6/10/2020. Mailed to Rose (TAG) Transmitted electronically to prison for delivery to Plaintiff.
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Rose v. Attorney General of the State of Montana Doc. 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA HELENA DIVISION TRISTAN ROSE, CV 20-31–H–BMM–JTJ Petitioner, vs. ORDER ATTORNEY GENERAL OF THE STATE OF MONTANA, Respondent. United States Magistrate Judge John Johnston entered his Findings and Recommendations in this case on April 14, 2020 (Doc. 4.) Judge Johnston recommended that Petitioner Tristan Rose’s Petition (Doc. 1) should be dismissed without prejudice due to his failure to exhaust administrative remedies. (Doc. 4.) 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 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, -1 - Dockets.Justia.com IT IS ORDERED that Judge Johnston’s Findings and Recommendations (Doc. 4) are ADOPTED IN FULL. Petitioner Tristan Rose’s Petition (Doc. 1) is DISMISSED, without prejudice. The Clerk of Court is directed to enter judgment of dismissal. Further, the certificate of appealability is DENIED. DATED this 10th day of June, 2020. -2 -
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