Cooksey v. Kirkegard et al

Filing 17

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 15 in full. A certificate of appealability is DENIED. Signed by Judge Susan P. Watters on 8/1/2017. Mailed to Cooksey (TAG)

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

FILED
AUG - 1 2017
Clerk, U.S. District Court
District Of Montana
Billings

BOBBY JOE COOKSEY,
CV 16-120-BLG-SPW
Petitioner,
ORDER ADOPTING
FINDINGS AND
RECOMMENDATIONS

vs.
LEROY KIRKEGARD, et al.,
Respondents.

Petitioner Bobby Joe Cooksey, appearing prose, seeks habeas corpus relief
pursuant to 28 U.S.C. §2254. Cooksey challenges the fifty-year prison sentence he
received for deliberate homicide in the Fourteenth Judicial District Court,
Musselshell County, Montana. (Doc. 1).
Pending before the Court are United States Magistrate Judge Timothy
Cavan's findings and recommendations on Cooksey's petition. (Doc. 15). Judge
Cavan recommends this Court deny Cooksey's habeas petition on the merits.
(Doc. 15 at 21). Specifically, Judge Cavan held: (1) Cooksey's Brady claim lacked
merit; (2) Cooksey's Strickland claim lacked merit; and (3) Cooksey's final claim
was not cognizable and otherwise lacked merit. (Doc. 15 at 12, 14, 19). Cooksey
filed timely objections to the findings and recommendations, entitling him to de
novo review. 28 U.S.C. §636(b)(l); Fed. R. Civ. P. 72(b)(3).

1

Discussion of Cooksey's objections is unnecessary because he presents the
same arguments he presented in his habeas petition. The Court has reviewed de
novo Cooksey's claims and Judge Cavan's findings and recommendations and
agrees with Judge Cavan in full. Therefore, for the reasons stated in Judge
Cavan's findings and recommendations,
IT IS ORDERED the proposed findings and recommendations entered by
United States Magistrate Judge Cavan (Doc. 15) are ADOPTED IN FULL.
IT IS FURTHER ORDERED Cooksey's petition (Doc. 1) is DENIED on the
merits.
IT IS FURTHER ORDERED the Clerk of Court is directed to enter by
separate document a judgment in favor of Respondents and against Petitioner.
IT IS FURTHER ORDERED a certificate of appealability is DENIED.
J s-t-

,j-'!j'

DATED this-'- day of-:lttfy, 2017.

~r:J~-SlJSANP:WATTERS
United States District Judge

2