Medicine Horse v. Kirkegard et al

Filing 19

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 13 in full. The Petition for Writ of Habeas Corpus is DENIED and DISMISSED with prejudice. Certificate of Appealability is DENIED. Signed by Judge Sam E Haddon on 10/21/2014. Mailed to Medicine Horse. (TAG, )

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FILED OCT 2 1 2U14 Cieri<, u.s. District Court District Of Montana Helena IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION ROWLAND MEDICINE HORSE, Petitioner, CV 13-155-BLG-SEH-CSO vs. ORDER LEROY KIRKGARD; ATTORNEY GENERAL OF THE STATE OF MONTANA, Respondents. On September 8, 2014, United States Magistrate Judge Carolyn S. Ostby entered her Findings and Recommendations l on Petitioner Medicine Horse's Writ of Habeas Corpus under 28 U.S.C. §2254.2 Petitioner filed objections on October 17,2014. 3 The Court reviews de novo findings and recommendations to which I (Doc. 13.) 2 (Doc. 1.) 3 (Doc. 18.) objections are made. 28 U.S.c. § 636(b)(I). Upon de novo review ofthe record, I find no error in Judge Ostby's Findings and Recommendations and adopt them in full. Medicine Horse's petition is both time-barred and procedurally-barred. ORDERED: 1. The Petition for Writ of Habeas Corpus is DENIED and DISMISSED with prejudice; and 2. The Clerk of Court is directed to enter by separate document a judgment in favor of Respondents and against Petitioner; and 3. The Certificate of Appealability is DENIED. Petitioner has not overcome the requirements that reasonable jurists would find that Medicine Horse is actually innocent of felony DUI or made a substantial showing that counsel was ineffective. ~ DATED this ~y of October, 2014. ~Db~ United States District Judge 2

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