Crawford v. Doyle et al, No. 9:2013cv00189 - Document 6 (D. Mont. 2014)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 5 in full. The petition for writ of habeas corpus 1 is DISMISSED. A certificate of appealability is DENIED. Signed by Judge Donald W. Molloy on 3/7/2014. Mailed to Crawford. (TAG, )

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Crawford v. Doyle et al Doc. 6 IN THE UNITED STATES DISTRlCT COURT FOR THE DISTRlCT OF MONTANA MISSOULA DIVISION FILED MAR 0 7 2014 Clerk, u.s. District Court District Of Montana MissOula ROBERT CRAWFORD, CV 13-189-M-DWM-JCL Petitioner, ORDER vs. JAY DOYLE, et aI., Respondents. Petitioner Robert Crawford is proceedings pro se. This matter comes before this Court on Crawford's writ of habeas corpus under 28 U.S.C. § 2254. Magistrate Judge Lynch recommends dismissing the petition. (Doc. 5.) Crawford is entitled to de novo review of the specified findings or recommendations to which he objects. 28 U.S.C. § 636(b)( 1). The Court reviews the Findings and Recommendations not specifically objected to for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). 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 1 Dockets.Justia.com 422,427 (9th Cir. 2000). Crawford did not file any objections. The Court finds no clear error in Judge Lynch's determination that Crawford's claims are not cognizable in habeas and that Crawford has failed to exhaust his state remedies. Accordingly, IT IS ORDERED that the Findings and Recommendation (Doc. 5) are ADOPTED IN FULL. Crawford's petition for writ of habeas corpus (Doc. 1) is DISMISSED. IT IS FURTHER ORDERED that the Clerk of Court is directed to enter by separate document a judgment in favor of Respondents and against Petitioner. IT IS FURTHER ORDERED that a certificate of appeala . ty is DENIED. Dated this r day of March, 2014. oIloy, District Judge District Court 2

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