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, )

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.