Sartain v. Fletcher et al

Filing 4

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 3 in full. A certificate of appealability is DENIED. Signed by Judge Dana L. Christensen on 11/16/2017. Mailed to Sartain (TAG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION

DANNY SARTAIN,

CV 17-1 5-BU-DLC-JCL

Petitioner,
ORDER
vs.
MICHAEL FLETCHER, ATTORNEY
GENERAL STATE OF MONTANA,
Respondents.
United States Magistrate Judge Jeremiah C. Lynch entered his Order and
Findings and Recommendations in this case on October 3, 201 7, recommending
that Petitioner Danny Sartain's ("Sartain") Motion for Postconviction DNA testing
be denied with prejudice and this matter dismissed. (Doc. 3 at 3.) Sartain did not
timely object to the Findings and Recommendations, and so has waived the right
to de novo review thereof. 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 if the
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
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omitted).
After reviewing the record and finding no clear error,
IT IS ORDERED that Judge Lynch's Findings and Recommendations (Doc.
3) are ADOPTED IN FULL. Sartain's Motion for Postconviction DNA Testing
(Doc. 1) is DENIED with prejudice and this matter is DISMISSED.
IT IS FURTHER ORDERED that the Clerk of Court will enter by separate
document a judgment in favor of Respondents and against Petitioner.
IT IS FURTHER ORDERED that a certificate of appealability is DENIED.
DATED this

I~ fhday ofNovember

017.

Dana L. Christensen, Chief Judge
United States District Court

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