Salter v. Kirkegard, No. 9:2015cv00020 - Document 19 (D. Mont. 2016)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 16 in full. Petition is DISMISSED. A certificate of appealability is DENIED. Signed by Judge Dana L. Christensen on 1/26/2016. Mailed to Salter at MPP address listed on DOC website. (TAG, )

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Salter v. Kirkegard Doc. 19 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION FILED JAN 2 6 2016 District Court ct_ Of Montana Missoula KEGAN JAMES SALTER, CV 15-20-M-DLC-JCL CV 15-23-M-DLC-JCL Petitioner, vs. ORDER LEROY KIRKEGARD, Respondent. KEGAN JAMES SALTER, .... Petitioner, vs. LEROY KIRKEGARD; ATTORNEY GENERALOFTHESTATEOF MONTANA Respondents. United States Magistrate Judge Jeremiah C. Lynch entered findings and recommendations in these two cases on December 16, 2015. In CV 15-20-MDLC-JCL, Judge Lynch recommends that Petitioner Kegan James Salter's ("Salter") petition for writ of habeas corpus, pursuant to 28 U.S.C. § 2254, be denied on the merits. As to Salter's§ 2254 petition in CV 15-23-M-DLC-JCL, -1- Dockets.Justia.com Judge Lynch recommends that Salter's claim regarding the affirmative defense to the charge of conspiracy to commit custodial interference go forward (See Doc. 16), but that his petition be denied on the merits in all other respects. Salter did not object to the findings and recommendations regarding either case, 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 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). Having reviewed the findings and recommendations, the Court finds no clear error in Judge Lynch's conclusions regarding Salter's claims related to his escape conviction, or in Judge Lynch's conclusions regarding Salter's ineffective assistance claims. Accordingly, IT IS ORDERED that Judge Lynch's findings and recommendations (Doc. 16 in CV 15-20-M-DLC-JCL; Doc. 15 in CV 15-23-MDLC-JCL) are ADOPTED IN FULL. 1. All claims in Salter's Amended Petition (Doc. 3) in CV 15-20-M-2- DLC-JCL are DENIED on the merits, and the petition is DISMISSED. 2. Except as to Salter's claims regarding an affirmative defense to the charge of conspiracy to commit custodial interference, all other claims in his Petition (Doc. 1) in CV 15-23-M-DLC-JCL are DENIED on the merits. 3. A certificate of appealability is DENIED on all claims in CV 15-20- M-DLC-JCL. 4. The Clerk of Court shall enter, by separate document filed in CV 15- 20-M-DLC-JCL, judgment in favor of Respondent and against Petitioner. . DATED this day of January, 2 6. Dana L. Christensen, Chief Judge United States District Court -3-

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