Orcutt v. State of Montana

Filing 15

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 13 in full. A certificate of appealability is DENIED Signed by Judge Susan P. Watters on 9/25/2017. Mailed to Orcutt (TAG)

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

TRACY K. ORCUTT,
CV 16-155-BLG-SPW
Petitioner,
vs.
STATE OF MONTANA; ATTORNEY
GENERAL,

ORDER ADOPTING
FINDINGS AND
RECOMMENDATIONS

Respondents.
Petitioner Tracy K. Orcutt, appearing pro se, seeks habeas corpus relief
pursuant to 28 U.S.C. §2254. Orcutt is a state prisoner challenging his convictions
for Criminal Production or Manufacture of Dangerous Drugs and Criminal
Possession of Dangerous Drugs with Intent to Distribute out of Montana's Seventh
Judicial District Court. (Doc. 1).
Pending before the Court are United States Magistrate Judge Timothy
Cavan's findings and recommendations on Orcutt's petition. (Doc. 13). Judge
Cavan recommends this Court deny Orcutt's habeas petition on the merits. (Doc.
13 at 22). Specifically, Judge Cavan held that Orcutt did not make a convincing
showing of innocence, and the claim is not cognizable in habeas. Judge Cavan
also determined that Orcutt' s claims of ineffective assistance of counsel and
prosecutorial misconduct lack merit. (Id at 14-21). Orcutt filed timely objections
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to the findings and recommendations, (Doc. 14), entitling him to de novo review.
28 U.S.C. §636(b)(l); Fed. R. Civ. P. 72(b)(3).
Discussion of Orcutt's objections is unnecessary because he presents the
same arguments he presented in his habeas petition. The Court has reviewed de
novo Orcutt' 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. 13) are ADOPTED IN FULL.
IT IS FURTHER ORDERED Orcutt'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.
DATED this

$"'tayof September 2017.

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

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