McClanahan v. Kirkegard et al

Filing 8

ORDER denying 7 Motion for Relief. A certificate of appealability is DENIED. Signed by Judge Dana L. Christensen on 2/7/2012. Mailed to McClanahan. (TAG, )

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FILEfl FEB 07 20:2 k,-, ,;"ICK E. DUFFY. 8" , DEPUTY ~ '" CUii'iK, MISSOULA IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BUTTE DIVISION SHANE McCLANAHAN, Petitioner, vs. LEROY KlRKEGARD, Warden, Montana State Prison; Attorney General of the State of Montana, Respondents. Cause No. CV 11-86-BU-DLC ) ) ) ) ) ) ) ) ) ) ) ORDER This case was closed on January 30, 2012. On February 1,2012, the Clerk received a "Motion for Relief' from Petitioner McClanahan. Although the motion was filed on January 31, 2012, see Houston v. Lack, 487D.S. 266, 276 (1985)(prison -1­ mailbox rule), it will nonetheless be considered as a supplement to McClanahan's objections to the Magistrate Judge's Findings and Recommendation. McClanahan does not show that he has exhausted his state remedies. The basis for his petition's dismissal is unchanged. Likewise, a certificate of appealability is denied because no reasonable jurist could question the continuing validity of the exhaustion requirement. Lynch v. Blodgett, 999 F.2d 401, 403 (9th Cir. 1993). Accordingly, IT IS HEREBY ORDERED that McClanahan's motion for relief (Doc. 7) is DENIED. A certificate of appealability is DENIED . .'l..i'h DATED this _·1_ day ofFebruary, 12. Dana L. Christensen, District Judge United States District Court -2­

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