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Horse v. Kirkgard

United States District Court, D. Montana, Billings Division

October 21, 2014

ROWLAND MEDICINE HORSE, Petitioner,
v.
LEROY KIRKGARD; ATTORNEY GENERAL OF THE STATE OF MONTANA, Respondents.

ORDER

SAM E. HADDON, District Judge.

On September 8, 2014, United States Magistrate Judge Carolyn S. Ostby entered her Findings and Recommendations[1] on Petitioner Medicine Horse's Writ of Habeas Corpus under 28 U.S.C. §2254.[2]Petitioner filed objections on October 17, 2014.[3]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.

ORDERED:

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.


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