Mascarena v. State of Montana et al

Filing 10

ORDER ADOPTING 8 FINDINGS AND RECOMMENDATIONS. Petition for Writ of Habeas Corpus 1 DENIED. Certificate of Appealability DENIED. Signed by Judge Sam E Haddon on 6/25/2013. Mailed to Mascarena. (TAG, )

FILED

J:.JN 2 5 2013
Cieri<, U.s. District Court

District Of Montana

Helena

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

BILLINGS DIVISION

CLAYTON JAMES MASCARENA,
Petitioner,

No. CV 12-1S9-BLG-SEH

vs.
STATE OF MONTANA -13TH
JUDICIAL DISTRICT COURT and
the ATTORNEY GENERAL of the
STATE OF MONTANA,

ORDER

Respondents.
On June 4, 2013, United States Magistrate Judge Carolyn Ostby entered
Findings and Recommendations l in this matter. Plaintiff did not file objections.
No review is required of proposed findings and recommendations to which no
objection is made. Thomas v. Am, 474 U.S. 140, 149-152 (1986). However, this
Court will review Judge Ostby'S Findings and Recommendation for clear error.
I

Docket No. 86.

Upon review, I find no clear error in Magistrate Judge Ostby's Findings and
Recommendations and adopt them in fulL
ORDERED:
I.

Petitioner's Petition for Writ of Habeas Corpus2 is DENIED.

2.

A Certificate of Appealability is DENIED.

2.

The Clerk is directed to enter judgment accordingly.

DATED !h;,

&OfJun"

2013.

nited States District Judge

2Document No. 1,