Wing v. State of Montana et al

Filing 6

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 4 in full. Wing's Complaint 2 is DISMISSED. Any appeal of this decision would not be taken in good faith. Signed by Judge Susan P. Watters on 5/11/2015. Mailed to Wing. (TAG, )

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

JACOB ALLEN WING,
CV 15-18-BLG-SPW
Plaintiff,
ORDER

vs.
STATE OF MONTANA and
MONTANA ATTORNEY GENERAL,
Defendants.

Plaintiff Jacob Wing is a state prisoner proceeding prose. He filed this
action on March 18, 2015 and brings several constitutional challenges to his state
conviction. United States Magistrate Judge Carolyn Ostby issued Findings and
Recommendations on April 17, 2015, in which she concluded that Wing's
allegations are barred by Heckv. Humphrey, 512 U.S. 477 (1994). Judge Ostby
therefore recommends that this Court dismiss Wing's Complaint.
Pursuant to 28 U.S.C. § 636(b){l), Wing had 14 days to file written
objections after Judge Ostby's Findings and Recommendations were filed. 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
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and 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. 4) are ADOPTED
IN FULL.
2. Wing's Complaint (Doc. 2) is DISMISSED.
3. The Clerk of Court shall close this matter and enter judgment pursuant to
Rule 58 of the Federal Rules of Civil Procedure.
4. The Clerk of Court shall have the docket reflect that the Court certifies
pursuant to Rule 24(a)(3)(A) of the Federal Rules of Appellate Procedure that any
appeal of this decision would not be taken in good faith. The record makes plain
the instant Complaint lacks arguable substance in law or fact.

y-L
DATED this // day of May, 2015.

JL~/~---

-'SUSAN P. WATTERS
United States District Judge

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