Wilson v. Attorney General of the State of Montana
Filing
9
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 6 in full. Wilson's Motion for Leave to Proceed informa pauperis 2 is DENIED as moot. Wilson's Petition 1 is DISMISSED. A certificate of appealability is DENIED. Signed by Judge Susan P. Watters on 6/10/2014. Mailed to Wilson. (TAG, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION
TYLER ALLEN WILSON,
CV 14-50-BLG-SPW
Petitioner,
ORDER
vs.
ATTORNEY GENERAL OF THE
STATE OF MONTANA,
Respondent.
Petitioner Tyler Wilson brings this action pursuant to 28 U.S.C. § 2254. In
his Petition, Wilson alleges that he is unconstitutionally being prohibited from
going to treatment and held without bond. (Doc. 1 at 4). Wilson also requests that
he either be arraigned on his pending federal charge or that the charge be
dismissed. (Id. at 5). Wilson was later arraigned in U.S. District Court. See US.
v. Wilson, CR 14-24-GF-BMM.
United States Magistrate Judge Carolyn Ostby entered Findings and
Recommendations in this matter on May 16, 2014, in which she recommended that
Wilson's Petition be dismissed. (Doc. 6). Specifically, Judge Ostby determined
that Wilson needs to raise his issue in state court before he can petition a federal
court.
1
Pursuant to 28 U.S.C. § 636(b)(l), written objections to Judge Ostby's
Findings and Recommendations were due 14 days after service. No objections
were filed. When neither party objects, this Court must still review Judge Ostby's
conclusions for clear error. Clear error exists ifthe 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
Recommendations, this Court does not find that Judge Ostby committed clear
error.
Accordingly, IT IS HEREBY ORDERED:
1. Wilson's Motion for Leave to Proceed informapauperis (Doc. 2) is
DENIED as moot.
2. Judge Ostby's Findings and Recommendations (Doc. 6) are ADOPTED
IN FULL.
3. Wilson's Petition (Doc. 1) is DISMISSED.
4. The Clerk of Court shall enter, by separate document, a judgment of
dismissal.
5. A certificate of appealability is DENIED.
DATED lhi'
&";f;y of Ju~, 2014.
A
~/.w'~'""susANP. WATTERS
United States District Judge
2
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