Ayers v. Frink et al

Filing 5

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS; ORDERED 1. Petition is DENIED for lack of merit. 2. A certificate of appealability is DENIED. Signed by Judge Sam E Haddon on 9/16/2013. (ACL, )

FILED

SEP 16 2013
Clerk. u.s. District Court

District Of Montana

Helena

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

BILLINGS DIVISION

TWAIN NEWMAN AYERS,
Petitioner,

CV 13-1 03-BLG-SEH

vs.
ORDER
MARTIN FRINK, Warden;
ATTORNEY GENERAL OF THE
STATE OF MONTANA,
Respondents.

United States Magistrate Judge Carolyn Ostby entered her Findings and
Recommendation l on August 7, 2013. Petitioner filed objections on August 28,
2013. 2 The Court reviews de novo findings and recommendations to which
objection is made. 28 U.S.C. § 636(b)(I).

1

Document No. 3.

2

Document NO.4.

Upon de novo review of the record, I find no error in Magistrate Judge
Ostby's Findings and Recommendation and adopt it in full.
ORDERED:
I. The Petition is DENIED for lack of merit.
2. A certificate of appealability is DENIED.
3. The Clerk of Court is directed to enter, by separate document, a
judgment in favor ofResJ;'ents and against Petitioner.
DATED this

K

day of September, 2013.

United States District Judge

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