Roberty v. State of Montana et al

Filing 7

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 5 in full. The Petition 1 is DISMISSED for failure to state a claim, and a certificate of appealability is DENIED. Signed by Judge Sam E Haddon on 1/5/2012. Mailed to Roberty. (TAG, )

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FILED ::: GR , , i:" :- ,- '--' 2012 JRN 5 Arl 11 37 PATRICK E. Cur;;, CLER!( IN THE UNITED STATES DISTRICT couiltYf DEPUTY CLERK FOR THE DISTRICT OF MONTANA BUTTE DIVISION ANTHONY D. ROBERTY, Petitioner, No. CV-11-56-BU-SEH vs. ORDER STATE OF MONTANA; ATTORNEY GENERAL OF THE STATE OF MONT ANA, Respondents. United States Magistrate Judge Keith Strong entered Findings and Recommendations I On December 21, 2011. Petitioner filed Objections 2 on January 4, 2012. The Court reviews de novo tindings and recommendation to which objections are made. 28 USc. § 636(b)(1). I Document No.5. 'Document No.6. Petitioner also attached Citation of Authorities to Objections. -1­ Upon de novo review of the record, and full consideration of the objections, I find no error in Judge Strong's Findings and Recommendations and adopt them in full. ORDERED: I. The Petition3 is DISMISSED for failure to state a claim. 2. A certificate of appealability is DENIED. 3. The Clerk of Court is directed to close this matter and enter judgment in favor of Respondents and against Petitioner. DATEDthis 1"6­ S' day of January, 2012. 4 . . . f /rio .MlW\. ~E.HADDON United States District Judge 'Document No.1.

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