United States District Court, D. Montana, Billings Division
March 11, 2015
BARRY K. HOLT, Petitioner,
LEROY KIRKEGARD; ATTORNEY GENERAL OF THE STATE OF MONTANA, Respondents.
SAM E. HADDON, District Judge.
On February 20, 2015, United States Magistrate Judge Carolyn S. Ostby entered Findings and Recommendation 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 Ostby'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.
1. The petition is DENIED on the merits.
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 there has been no showing of any denial of constitutional rights and no reason to encourage further proceedings.