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Daniels v. Kirkegard

United States District Court, D. Montana

January 22, 2015

LARRY B. DANIELS, Petitioner,
v.
LEROY KIRKEGARD; ATTORNEY GENERAL OF THE STATE OF MONTANA, Respondents.

ORDER

SAM E. HADDON, District Judge.

On December 15, 2014, United States Magistrate Judge Carolyn S. Ostby entered Findings and Recommendation[1] in this matter. Petitioner did not file objections. No review is required ofproposed 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 Ostby'S Findings and Recommendation for clear error.

Upon review, I find no clear error in Judge Strong's Findings and Recommendation and adopt them in fulL

ORDERED:

1. The petition[2] is DENIED.

2. The Clerk of Court is directed to enter judgment in favor of Respondents.

3. A certificate of appealability is DENIED. Any appeal would be taken in bad faith as there are no open questions with regard to claims presented and nothing presented upon which a reasonable jurist could disagree.


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