Gunderson v. Kirkegard et al

Filing 13

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 12 in full. All of Gunerderson's claims are DENIED except his claim alleging trial counsel was ineffective for failing to request a lesser-included offense instruction on criminal trespass. Signed by Judge Sam E Haddon on 10/16/2013. Mailed to Gunderson. (TAG, )

FILED

OCT 16 2013
Clerk, u.s. District Court

District Of Montana

Helena

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

BILLINGS DIVISION

DAVID GUNDERSON,
Petitioner,

No. CV 13-35-BLG-SEH

vs.
ORDER

LEROY KIRKEGARD, Warden,

Montana State Prison; ATTORNEY

GENERAL OF THE STATE

OF MONTANA,

Respondents. •
On September 25, 2013, United States Magistrate Judge Carolyn Ostby
entered Findings and Recommendations (Doc. 12) on the preliminary screening of
Gunderson's 28 U,S.C. § 2254 habeas petition. Neither party filed objections, No
review is required of proposed findings and recommendations to which no

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objection is made. Thomas v. Am, 474 U.S. 140, 149-152 (1986). However, this
Court will review Magistrate Judge Ostby's Findings and Recommendation for
cl ear error.
Upon review, I find no clear error in Magistrate Judge Ostby's Findings and
Recommendations and adopt them in full.
ORDERED:
All of Gunerderson's claims are DENIED except his claim (Doc. 1-1 at 2, ~
2A) alleging trial counsel was ineffective for failing to request a lesser-included
offense instruction on cri~l trespass.
DATED this

!6

day of October, 2013.

~~)
United States District Judge

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