October 16, 2013
DAVID GUNDERSON, Petitioner,
LEROY KIRKEGARD, Warden, Montana State Prison; ATTORNEY GENERAL OF THE STATE OF MONTANA, Respondents.
SAM E. HADDON, District Judge.
On September 25, 2013, United States Magistrate Judge Carolyn Ostby entered Findings and Recommendations (Doc. 12) on the preliminary screening of Gunderson's 28 U.S.C. § 2254 habeas petition. Neither party filed objections. No review is required of proposed findings and recommendations to which no objection is made. Thomas v. Am, 474 U.S. 140, 149-152 (1986). However, this Court will review Magistrate Judge Ostby's Findings and Recommendation for clear error.
Upon review, I find no clear error in Magistrate Judge Ostby's Findings and Recommendations and adopt them in full.
All of Gunerderson's claims are DENIED except his claim (Doc. 1-1 at 2, ¶ 2A) alleging trial counsel was ineffective for failing to request a lesser-included offense instruction on criminal trespass.