Plebst v. Frink et al

Filing 6

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 4 in full. The Petition is DISMISSED for lack of federal subject-matter jurisdiction, and a certificate of appealability is DENIED. Signed by Judge Sam E Haddon on 7/23/2012. Mailed to Plebst. (TAG, )

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FILED JUL 2 32012 "ATRICK E. DUFFY, CLERK aY'-:===:-~-;:;a"Eiill DEPUTY CLERK. HElENA IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA GREAT FALLS DIVISION ROBERT GLEN PLEBST, Petitioner, No. CV-12-42-GF-SEH vs. ORDER MARTIN FRINK; ATTORNEY GENERAL OF THE STATE OF MONTANA, Respondents. United States Magistrate Judge Keith Strong entered Findings and Recommendations l on July 13,2012. Petitioner filed Objections2 on July 18, 2012. The Court reviews de novo findings and recommendation to which objections are made. 28 U.S.C. § 636(bXl). , Document No.4, 2 Document No.5. Petitioner also attached a supporting brief and exhibits. -1­ Upon de novo review of the record, and full consideration of the objections, I find no error in Judge Strong's Findings and Recommendations and adopt them in full. ORDERED: 1. The Petition3 is DISMISSED for lack of federal subject-matter jurisdiction. 2. A certificate of appealability is DENIED. 3. The Clerk of Court is directed to close this matter and enter judgment in favor of Respondents and against Petitioner. DATED this ~y of July, 2012. L.ff~~ ~~ADDON United States District Judge 3 Document No. I. -2­

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