Knudsen v. Kirkegard et al

Filing 11

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 10 in full. The Petition 1 is DISMISSED without prejudice. A certificated of appealability is DENIED. Signed by Judge Susan P. Watters on 10/20/2014. Mailed to Knudsen. (TAG, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION

FILED
DCT 2 O2014
Clerk, U S District Court
District Of Montana
Billings

JOHNNY LEE KNUDSEN,
CV 14-36-BLG-SPW
Petitioner,
ORDER

VS.

LEROY KIRKEGARD; ATTORNEY
GENERAL OF THE STATE OF
MONTANA,
Respondents.
Petitioner Johnny Lee Knudsen brings this action seeking to vacate his state
sentence pursuant to 28 U.S.C. § 2254. United States Magistrate Judge Carolyn
Ostby entered Findings and Recommendations on September 29, 2014, in which
she recommends that this action be dismissed for failure to exhaust state remedies.
Pursuant to 28 U.S.C. § 636(b)(l), written objections to Judge Ostby's
Findings and Recommendations were due 14 days after their filing. No objections
were filed. When neither party objects, this Court must still review Judge Ostby's
conclusions for clear error. Clear error exists if the Court is left with a "definite
and firm conviction that a mistake has been committed." United States v. Syrax,
235 F.3d 422, 427 (9th Cir.2000). After reviewing the Findings and

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Recommendations, this Court does not find that Judge Ostby committed clear
error.
Accordingly, IT IS HEREBY ORDERED:
1. Judge Ostby's Findings and Recommendations (Doc. 10) are ADOPTED
IN FULL.
2. The Petition (Doc. 1) is DISMISSED without prejudice for lack of
exhaustion.
3. The Clerk of Court is directed to enter by separate document a judgment
of dismissal.
4. A certificated of appealability is DENIED.

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DATED this do day of October 2014~.

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SUSANP. WATTERS
United States District Judge

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