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Anderson v. Brilz

United States District Court, D. Montana, Billings Division

September 11, 2014

MICHAEL JEFFREY ANDERSON, Petitioner,
v.
JAMES BRILZ, et aI., Respondents.

ORDER

SAM E. HADDON, District Judge.

On August 18, 2014, Magistrate Judge Carolyn S. Ostby issued her Findings and Recommendation directed to Petitioner's application for a writ ofhabeus corpus under 28 U.S:C. § 2254.[1] Objections were filed by Petitioner on September 2, 2014.[2] The Court reviews de novo findings and recommendations to which objection is made. 28 U.S.C. § 636(b).

Upon de novo review of the record, I find no error in Judge Ostby's findings and Recommendation and adopt them in full.

ORDERED:

1. The Petition[3] is DISMISSED WITH PREJUDICE as time-barred.

2. The Clerk of Court is directed to enter by separate document judgment in favor of Respondents and against Petitioner.

3. A certificate of appealability is DENIED. Anderson's claims do not appear to be substantial and the procedural ruling is not subject to dispute.


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