Nordholm v. McDermott et al

Filing 6

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS for 5 in full. Petition 1 is DISMISSED. A certificate of appealability is DENIED. Signed by Judge Dana L. Christensen on 5/16/2017. Mailed to Nordholm. (TAG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION
WILLIAM J. NORDHOLM,

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CV 17-19-M-DLC-JCL

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Petitioner,
ORDER
vs.
T.J. MCDERMOTT,
Respondent.
United States Magistrate Judge Jeremiah C. Lynch entered his Order,
Findings and Recommendation on April 6, 2017, recommending dismissal of
Petitioner William J. Nordholm's ("Nordholm") Petition for Writ of Habeas
Corpus pursuant to 28 U.S.C. § 2254. Nordholm failed to timely object to the
Findings and Recommendation, and so waived his right to de novo review of the
record. 28 U.S.C. § 636(b)(l)(C). This Court reviews for clear error those
findings and recommendations to which no party objects. See McDonnell Douglas

Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981);
Thomas v. Arn, 474 U.S. 140, 149 (1985). Clear error exists ifthe Court is left
with a "definite and firm conviction that a mistake has been committed." United

States v. Syrax, 235 F.3d 422, 427 (9th Cir. 2000) (citations omitted). Because the
parties are familiar with the facts of this case, they will not be repeated here.
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Having reviewed the Findings and Recommendation, the Court finds no
clear error in Judge Lynch's conclusion that Nordholm's petition should be
dismissed because he fails to state a cognizable federal habeas claim. As
discussed by Judge Lynch, Nordholm challenges a decision by the Montana
Supreme Court which denied his request for a placement at a specific pre-release
facility. Aside from the fact that this Court lacks appellate review of the Montana
Supreme Court, Nordholm's petition fails to invoke a violation of a protected
liberty interest because there is no constitutional right to be placed at a prerelease
facility of one's choice. Further, and critical to this case, is the fact that
Nordholm's current incarceration does not stem from his placement at a prerelase
facility. In contrast, Nordholm is currently incarcerated on matters not related to
his habeas petition. Thus, Nordholm's petition fails to establish that he is
incarcerated in violation of federal law and, as result, does not state a cognizable
federal claim.
Accordingly, there being no clear error in Judge Lynch's Findings and
Recommendation, IT IS ORDERED that:
(1) Judge Lynch's Findings and Recommendation (Doc. 5) are ADOPTED

IN FULL.
(2) Nordholm's Petition (Doc. 1) is DISMISSED for failure to state a claim.
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(3) The Clerk of Court is directed to enter, by separate document, a
judgment in favor of Respondents and against Petitioner.
(4) A certificate of appealability is DENIED.

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.
Dated this l(L day of May, 2017.

Dana L. Christensen, Chief Judge
United States District Court

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