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, )

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