Long v. Attorney General of the State of Montana
Filing
13
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 11 in full. Petition 1 DISMISSED WITH PREJUDICE. A Certificate of Appealability is DENIED. Signed by Judge Donald W. Molloy on 8/7/2014. Mailed to Long. (TAG, )
FILED
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION
MARTIN PAUL LONG,
Clerk, u.s District Court
DiStrict Of Montana
Missoula
CV 13-70-BU-DWM-JCL
Petitioner,
vs.
ORDER
LEROY KIRKEGARD; and the
ATTORNEY GENERAL OF THE
STATE OF MONTANA,
Respondents.
This action was filed in the United States District Court for the District of
Montana, Butte Division on September 25,2013. Petitioner Martin Paul Long
seeks a writ of habeas corpus under 28 U.S.C. § 2254. Because Long is a
prisoner, upon filing, this matter was referred to United States Magistrate Judge
Jeremiah C. Lynch. See L.R. 72.2(a). Judge Lynch issued proposed Findings and
Recommendations regarding Long's Petition on July 22, 2014. (Doc. 11.) On
August 5, 2014, Long timely filed an Objection to the proposed Findings and
Recommendations. (Doc. 12.)
Long's Objection does not specifically contest any portion of Judge Lynch's
Proposed Findings and Recommendations. (See id.) In part, Long's Objection
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states "de novo is in order at this time ...." (Id. at 1.) The Court therefore
construes Long's Objection as a request for de novo review ofthe proposed
Findings and Recommendations. See Erickson v. Pardus, 551 U.S. 89,94 (2007)
("A document filed pro se is 'to be liberally construed [.]'" (quoting Estelle v.
Gamble, 429 U.S. 97, 106 (1976).)) Judge Lynch's proposed Findings and
Recommendations are therefore reviewed de novo in their entirety. See 28 U.S.C.
§ 636(b) ("A judge of the court shall make a de novo determination of those
portions of the report or specified proposed findings or recommendations to which
objection is made.")
After de novo review of Judge Lynch's report, the Court finds it contains no
mistake of fact or law. The Magistrate Judge's Findings and Recommendations
are well-reasoned legally sound. They will be adopted in-full.
Based on the foregoing, IT IS ORDERED:
(1)
Judge Lynch's Findings and Recommendations, (Doc. 11), are
ADOPTED IN-FULL.
(2) Martin Paul Long's Petition for Writ of Habeas Corpus, (Doc. 1), is
DISMISSED WITH PREJUDICE.
(3) A Certificate of Appealability is DENIED. The Clerk of Court shall
immediately process any appeal filed by Petitioner Long.
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(4)
The Clerk of Court shall enter by separate document a judgment of
dismissal with prejudice, pursuant to Federal Rule of Civil Procedure
58, and close this case.
DATED this
it- day of August, 2014.
oIloy, District Judge
United Stat s District Court
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