Ritesman v. Salmonson et al, No. 9:2018cv00093 - Document 4 (D. Mont. 2018)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 3 in full. COA DENIED. Signed by Judge Dana L. Christensen on 7/12/2018. Mailed to Ritesman (TAG)
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Ritesman v. Salmonson et al Doc. 4 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION FILED UUL 12 2018 qte11<, u.s District Of llA Courts MtsSOu1a 1111s1on TIMOTHY ERIC RITESMAN, CV 18-93-M-DLC-JCL Petitioner, ORDER vs. JAMES SALMONSON, ATTORNEY GENERAL OF THE STATE OF MONTANA, Respondent. United States Magistrate Judge Jeremiah C. Lynch entered his Order and Findings and Recommendation on June 1, 2018, recommending that Petitioner's Petition for Writ of Habeas Corpus (Doc. 1) be dismissed for failure to exhaust. (Doc. 3 at 6.) Petitioner failed to timely object to the Findings and Recommendation and so has waived the right to de novo review thereof. 28 U.S.C. ยง 636(b)(l)(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 bane); 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 -1- Dockets.Justia.com has been committed." United States v. Syrax, 235 F.3d 422, 427 (9th Cir. 2000) (citations omitted). After reviewing for clear error and finding none, IT IS ORDERED that Judge Lynch's Order and Findings and Recommendation (Doc. 3) are ADOPTED IN FULL and the Petition (Doc. 1) is DISMISSED as unexhausted. IT IS FURTHER ORDERED that the Clerk of Court is directed to enter a judgment of dismissal by separate document. IT IS FURTHER ORDERED that a certificate of appealability is DENIED. DATED this 12.-""'day of July, 2018. Dana L. Christensen, Chief Judge United States District Court -2-
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