January 24, 2014
ROBERT BRUSE, Petitioner,
TOM GREEN; ATTORNEY GENERAL OF THE STATE OF MONTANA, Respondents.
DONALD W. MOLLOY, District Judge.
Robert Bruse is a state prisoner proceeding pro se. He petitions, this Court for a writ of habeas corpus under 28 U.S.C. § 2254. Magistrate Judge Lynch recommends dismissing the petition. (Doc. 4.)
Bruse timely filed an objection to Judge Lynch's Findings and Recommendation, (Doc. 5), and is therefore entitled to de novo review of the specified findings or recommendations to which he objects. 28 U.S.C. § 636(b)(1). However, Bruse's "objection" states that he does not object to Judge Lynch's Findings and Recommendation. Therefore, the Court reviews the Findings and Recommendations for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981).
The Court finds no clear error with Judge Lynch's determination that remedies remain available to Bruse in the state courts, which must be exhausted before he may file with this Court.
Accordingly, IT IS ORDERED that the Findings and Recommendation (Doc. 4) is ADOPTED IN FULL. Robert Bruse's petition for writ of habeas corpus (Doc. 1) is DISMISSED WITHOUT PREJUDICE.
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 appealability is DENIED.