United States District Court, D. Montana, Billings Division
October 21, 2014
ROWLAND MEDICINE HORSE, Petitioner,
LEROY KIRKGARD; ATTORNEY GENERAL OF THE STATE OF MONTANA, Respondents.
SAM E. HADDON, District Judge.
On September 8, 2014, United States Magistrate Judge Carolyn S. Ostby entered her Findings and Recommendations on Petitioner Medicine Horse's Writ of Habeas Corpus under 28 U.S.C. §2254.Petitioner filed objections on October 17, 2014.The Court reviews de novo findings and recommendations to which objections are made. 28 U.S.c. § 636(b)(I).
Upon de novo review of the record, I find no error in Judge Ostby's Findings and Recommendations and adopt them in full. Medicine Horse's petition is both time-barred and procedurally-barred.
1. The Petition for Writ of Habeas Corpus is DENIED and DISMISSED with prejudice; and
2. The Clerk of Court is directed to enter by separate document a judgment in favor of Respondents and against Petitioner; and
3. The Certificate of Appealability is DENIED. Petitioner has not overcome the requirements that reasonable jurists would find that Medicine Horse is actually innocent of felony DUI or made a substantial showing that counsel was ineffective.