Vondal v. Frink et al

Filing 14

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 12 in full. Plaintiff's Petition for Writ of Habeas Corpus 1 is DISMISSED with prejudice and a certificate of appealability is DENIED. Signed by Judge Sam E Haddon on 9/14/2011. Mailed to Vondal. (TAG, )

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FILED
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1011 SFP lLJ Prl 12 19

IN THE UNITED STATES DISTRICT COURT

P,\TRIC~~

E, OJFFY,

CLEfU~

FOR THE DISTRICT OF MONTANA BY _________
DEPUTY CLERK

GREAT FALLS DIVISION
LAVERNE J. VONDAL,
No. CV-1l42-GF-SEH

Petitioner,
vs.

ORDER
WARDEN MARTIN FRINK;
ATIORNEY GENERAL OF THE
STATE OF MONTANA,
Respondent.
On August 29, 2011, United States Magistrate Judge Keith Strong entered

his Findings and Recommendation l in this matter. Plaintiff filed objections to
Judge Strong's Findings and Recommendation on September 12,2011.2
The Court has fully considered Plaintiff s motion and has reviewed de novo
Judge Strong's Findings and Recommendations. 28 U.S.C. § 636(b)(1). Upon de
novo review of the record, I find no error in Judge Strong's Findings and

Recommendation and adopt them in full.
I

Document No. 12.

2

Document No. 13.

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ORDERED:
1.

Plaintiff's Petition for Writ of Habeas Corpus 3 is DISMISSED with

prejudice as time-barred and as procedurally defaulted without excuse.
2.

A certificate of appealability is DENIED as the matter is time-barred.

3.

The Clerk is-tcted to enter judgment accordingly.

DATED this

3

/1

day of September, 2011.

Document No.1.
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