Anderson v. Brilz et al

Filing 20

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 18 in full. The Petition is DISMISSED WITH PREJUDICE as time-barred. A certificate of appealability is DENIED. Signed by Judge Sam E Haddon on 9/11/2014. Mailed to Anderson. (TAG, )

FIL
SEP 1 1 2014
Clerk, US District Court

District Of Montana

Helena

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

BILLINGS DIVISION

MICHAEL JEFFREY ANDERSON,
Petitioner,

CV -13 -84-BLG-SEH

vs.

ORDER
JAMES BRILZ, et aI.,
Respondents.

On August 18,2014, Magistrate Judge Carolyn S. Ostby issued her Findings
and Recommendation directed to Petitioner' s application for a writ ofhabeus
corpus under 28 U.S:C. § 2254. 1 Objections were filed by Petitioner on September
2,2014. 2 The Court reviews de novo findings and recommendations to which
objection is made. 28 U.S.C. § 636(b).

1

(Doc. 18.)

2

(Doc. 19.)

-1- .

Upon de novo review of the record, I find no error in Judge Ostby's
findings and Recommendation and adopt them in full.
ORDERED:
1.

The Petition 3 is DISMISSED WITH PREJUDICE as time-barred.

2.

The Clerk of Court is directed to enter by separate document

judgment in favor of Respondents and against Petitioner.
3.

A certificate of appealability is DENIED. Anderson's claims do not

appear to be substantial and the procedural ruling is not subject to dispute.
DATED this

!l4a

y of September, 2014.

United States District Judge

J

(Doc. l.)
-2- .