Camarillo v. Kirkegard et al

Filing 7

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 5 in full. Petition is DISMISSED and a certificate of appealability is DENIED. Signed by Judge Sam E Haddon on 6/14/2013. Mailed to Camarillo. (TAG, )

FILED
JUN H 2013
Clerk, U,S, Oistrlot Court
DlIItrIot Of Montana
Helena

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION
MARLON CAMARILLO,
Petiti oner,

CV 13-64-BLG-SEH

vs.
ORDER
LEROY KIRKEGARD; ATTORNEY
GENERAL OF THE STATE OF
MONTANA,
Respondent.

United States Magistrate Judge Carolyn Ostby entered her Findings and
Recommendation l on May 21, 2013. Petitioner filed objections on June 4, 2013. 2
The Court reviews de novo findings and recommendations to which objection is
made. 28 U.S.C. § 636(b )(1).

I

Document No, 5.

2

Document No.6,

Upon de novo review ofthe record, I find no error in Magistrate Judge
Ostby's Findings and Recommendation and adopt it in full.
ORDERED:
1.

Petitioner's Petition for Writ of Habeas Corpus 3 is DISMISSED.

2.

The Clerk of Court is directed to enter a judgment of dismissal.

3.

A certificate of appealability is DENIED because the procedural basis

for dismissal is clear and ~apable.
DATED this

1'1

day ofJune, 2013.

United States District Judge

3

Document No. L
-2­