United States District Court, D. Montana, Billings Division
February 21, 2014
JEFFREY HARDMAN, Petitioner,
MARTIN FRINK; ATTORNEY GENERAL OF THE STATE OF MONTANA; SUPREME COURT OF THE STATE OF MONTANA, Respondents.
SAM E. HADDON, District Judge.
On February 3, 2014, United States Magistrate Carolyn S. Ostby entered her Findings and Recommendation in this matter. Petitioner did not file objections. No review is required of proposed 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 Ostby's Findings and Recommendation and adopt them in full.
1. Petitioner's Application to Proceed in Forma Pauperis is DENIED AS MOOT.
2. Petitioner's petition for writ of habeas corpus is DISMISSED WITHOUT PREJUDICE for failing to exhaust all state remedies.
2. The Clerk of Court is directed to enter a judgment of dismissal.
3. A certificate of appealability is DENIED. Any appeal would be taken in bad faith as all state remedies have not been exhausted.