Hardman v. Frink et al

Filing 6

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS; denying as moot 2 Motion for Leave to Proceed in forma pauperis. Petitioner's petition for writ of habeas corpus 1 is DISMISSED WITHOUT PREJUDICE for failing to exhaust all state remedies. A certificate of appealability is DENIED. Signed by Judge Sam E Haddon on 2/21/2014. Mailed to Hardman. (TAG, )

FILED

FEB 2 t 201~
Clerk. u.s. Diemct Court

DIstrict Of Montana

Helena

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

BILLINGS DIVISION

JEFFREY HARDMAN,
Petitioner,

No. CV 13-141-BLG-SEH

vs.

ORDER
MARTIN FRINK; ATIORNEY
GENERAL OF THE STATE OF
MONTANA; SUPREME COURT OF
THE STATE OF MONTANA,
Respondents. I

On February 3, 2014, United States Magistrate Carolyn S. Ostby entered her
Findings and Recommendation l in this matter. Petitioner 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 Strong's Findings and Recommendation for clear error.

I

Doc. 5.

Upon review, I find no clear error in Judge Ostby's Findings and
Recommendation and adopt them in fulL
ORDERED:
1.

Petitioner's Application to Proceed in Forma Pauperis 2 is DENIED

AS MOOT.
2.

Petitioner's petition for writ of habeas corpus 3 is DISMISSED

WITHOUT PREJUDICE for failing to exhaust all state remedies.
2.

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

3.

A certificate of appealability is DENIED. Any appeal would be taken

in bad faith as all state remedies have not been exhausted.

. "1 sfday ofFebruary, 2014.

DATED thIS t:x

~(~~)
~.HADDON
United States District Judge

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