Wilson v. State of Montana et al
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 12 in full. Petition 1 is DISMISSED without prejudice. A certificate of appealability is DENIED. Signed by Judge Brian Morris on 2/28/2017. Mailed to Wilson. (TAG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
RAY DEAN WILSON,
STATE OF MONTANA, SECOND
JUDICIAL COURT, DEPARTMENT
Petitioner Ray Dean Wilson (Wilson) filed a Petition for Writ of Habeas
Corpus on December 5, 2016. (Doc. 1). Wilson subsequently filed nine separate
supplements to his original petition. (Docs. 2, 4, 5, 6, 7, 8, 9, 10 and 11). Wilson
was arrested by state law enforcement officers on November 22, 2016, for
burglarizing seven storage units. (Doc. 1-1 at 1). Wilson claims he is innocent of
the charge. Wilson requests that this Court order his immediate release from state
custody. (Docs. 1 at 1; 6, 6-1).
United States Magistrate Judge Jeremiah C. Lynch issued Findings and
Recommendations in this matter on January 31, 2017. (Doc. 12). Judge Lynch
recommended that Wilson’s Petition be dismissed because Wilson had failed to
exhaust his state remedies. (Doc. 12 at 4-7). Wilson did not file objections to
Judge Lynch’s Findings and Recommendations.
The Court has reviewed Judge Lynch’s Findings and Recommendations for
clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d
1309, 1313 (9th Cir. 1981). The Court finds no error in Judge Johnston’s Findings
and Recommendations, and adopts them in full.
Accordingly, IT IS ORDERED:
Wilson’s Petition (Doc. 1) is DISMISSED without prejudice for
failure to exhaust his state remedies.
A certificate of appealability is DENIED because Wilson has failed to
exhaust his remedies in state court.
The Clerk is directed to enter judgment accordingly.
DATED this 28th day of February, 2017.
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