Mills v. Fergus County Sheriff's Department

Filing 4

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 3 in full. This matter is DISMISSED for failure to pay the filing fee or file a motion to proceed in forma pauperis. A certificate of appealability is DENIED. Signed by Judge Richard F. Cebull on 1/11/2013. Mailed to Mills. (TAG, )

IN THE UNITED STATES DISTRICT COURT

FILED
JAN 11 2013

FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION

BARRY W. MILLS,

CJ'i)l<·t YS District Court
s net Of Montana
Billings

Case No. CV-12-146-BLG-RFC

Plaintiff,
vs.

ORDER ADOPTING FINDINGS
AND RECOMMENDATIONS OF
U.S. MAGISTRATE JUDGE

FERGUS COUNTY SHERIFF'S
DEPARTMENT,
Respondent.

On December 20, 2012, United States Magistrate Judge Carolyn Ostby
entered Findings and Recommendation. Magistrate Judge Ostby recommends the
Court dismiss this matter.
Upon service of a magistrate judge's findings and recommendation, a party
has 14 days to file written objections. 28 U.S.C. § 636(b)(l). In this matter, no
party filed objections to the December 20, 2012 Findings and Recommendation.
Failure to object to a magistrate judge's findings and recommendation waives all
objections to the findings of fact. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir.
1999). However, failure to object does not relieve this Court of its burden to

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review de novo the magistrate judge's conclusions of law. Barilla v. Ervin, 886
F.2d 1514, 1518 (9th Cir. 1989).
Petitioner submitted a petition for writ of habeas corpus under 28 U.S.C. §
2254 on November 15, 2012. That same day, the Clerk of Court sent Mills a letter
explaining that he must either pay the $5.00 filing fee or move to proceed in forma
pauperis. Mills did not respond.
After an extensive review of the record and applicable law, this Court finds
Magistrate Judge Ostby's Findings and Recommendation are well grounded in law
and fact and adopts them in their entirety.
IT IS ORDERED that this matter is DISMISSED for failure to pay the
filing fee or file a motion to proceed in forma pauperis. A certificate of
appealability is DENIED because 28 U.S.C. § 1914 plainly requires a filing fee of
$5.00 and Mills has not moved to proceed under 28 U.S.C. § 1915. The Clerk of
Court is directed to ent¥-separate document a judgment of dismissal.
DATED the

--U-A.fJ.ay of January, 20

.

RICHARDF.CE
L
UNITED STATES DISTRICT JUD

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