McClanahan v. Kirkegard et al
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, )
FEB 07 20:2
,;"ICK E. DUFFY.
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
LEROY KlRKEGARD, Warden,
Montana State Prison; Attorney
General of the State of Montana,
Cause No. CV 11-86-BU-DLC
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
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 .
DATED this _·1_ day ofFebruary,
Dana L. Christensen, District Judge
United States District Court
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