January 15, 2014
LARRY BOMAR, Petitioner,
DAN O'FALLEN; ATTORNEY GENERAL OF THE STATE OF MONTANA, Respondents.
SAM E. HADDON, District Judge.
On December 23, 2013, United States Magistrate Judge Keith Strong entered Findings and Recommendation in this matter. Petitioner did not file objections, No review is required ofproposed findings and recommendations to which no objection is made. Thomas v. Arn , 474 U.S. 140, 149-152 (1986), However, this Court will review Judge Strong's Findings and Recommendation for clear error.
Upon review, I find no clear error in Judge Strong's Findings and Recommendation and adopt them in full.
1. Claims A and C of the petition are DENIED on the merits.
2. Claims Band D of the petition are DISMISSED on procedural grounds.
3. A certificate of appealability is DENIED. Any appeal would be taken in bad faith as the claims lack merit and are procedurally defaulted or unexhausted.
2. This case is DISMISSED WITHOUT PREJUDICE.