Fox v. Daly et al

Filing 5

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS. The 1 Petition for Writ of Habeas Corpus filed by Kristy Ann Fox is DENIED on its merits. A CERTIFICATE OF APPEALABILITY is DENIED. Signed by Judge Sam E Haddon on 1/10/2014. (NOB)

FILED
JAN 10 20Vt
IN THE UNITED STATES DISTRICT COURT

Clel1<, u.s. District Court
District Of Montana
Helena

FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION

KRlSTY ANN FOX,
Petitioner,

CV 13-156-BLG-SEH

vs.
ORDER

JOAN DALY; ATTORNEY
GENERAL OF THE STATE OF
MONTANA,
Respondents.

On December 20, 2013, United States Magistrate Judge Carolyn S. Ostby
entered her Findings and Recommendations ' in this matter. Plaintiff filed
objections on January 8,2014. 2 The Court reviews de novo findings and

I

Doc. 3.

Doc. 4. Objections were due January 6, 2014; however, Plaintiffs objections were
dated January 4, 2014, and the Court will consider such objections.
2

recommendations to which objections are made. 28 U.S.C. § 636(b)( I).
Upon de novo review of the record, I find no error in Judge Ostby's
Findings and Recommendations and adopt them in full.
ORDERED:
1.

The Petition3 is DENIED on its merits.

2.

A certificate of appealability is DENIED.

3.

The Clerk of Court is directed to enter judgment in favor of

Respondents and against ~oner.
DATEDthis /()

day of January, 2014.

United States District Judge

J

Doc. 1.
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