Huffine v. State of Montana Prison, et al.

Filing 5

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 4 in full. The Petition 1 is DENIED for failure to pay the filing fee or move to proceed in forma pauperis. A certificate of appealability is DENIED. Any appeal would be taken in bad faith. Signed by Judge Sam E Haddon on 12/2/2009. Copy mailed to Huffine. (TAG, )

ZUU9 OEC

2 PrJ Y 20

I N THE UNITED STATES DISTRICT COURT
F O R THE DISTRICT OF MONTANA
BUTTE DIVISION

ELDON HUFFINE, Petitioner, vs.
ORDER

No. CV 09-63-BU-SEH

STATE OF MONTANA PRISON, et

aI.,
Respondents.

On October 30, 2009, United States Magistrate Judge Keith Strong entered Findings and Recommendations l in this matter. Petitioner did not file objections. No review is required of proposed findings and recommendations to which no objection is made. Thomas v. Am, 474 U.S. 140, 149-152 (1986). However, this

1

Docket No.4.
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Court will review Judge Strong's Findings and Recommendations for clear error. Upon review, I find no clear error in Judge Strong's Findings and Recommendation and adopt them in full. ORDERED: 1. The Petition for Writ of Habeas Corpus 2 is DENIED for failure to pay

the filing fee or move to proceed in forma pauperis. 2. 3. in bad faith. DATED this ;{ The Clerk of Court is directed to enter a judgment of dismissal. A certificate of appealability is DENIED. Any appeal would be taken

If)!:(.

day of December, 2009.

United States District Judge

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Docket No.1.
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