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Hardman v. Frink

United States District Court, D. Montana, Billings Division

February 21, 2014

JEFFREY HARDMAN, Petitioner,
v.
MARTIN FRINK; ATTORNEY GENERAL OF THE STATE OF MONTANA; SUPREME COURT OF THE STATE OF MONTANA, Respondents.

ORDER

SAM E. HADDON, District Judge.

On February 3, 2014, United States Magistrate Carolyn S. Ostby entered her Findings and Recommendation[1] 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.

ORDERED:

1. Petitioner's Application to Proceed in Forma Pauperis[2] is DENIED AS MOOT.

2. Petitioner's petition for writ of habeas corpus[3] 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.


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