Aaberge v. Attorney General of the State of Montana

Filing 3

ORDER ADOPTING 2 FINDINGS AND RECOMMENDATIONS 2 in full. The Petition 1 is DISMISSED for failure to exhaust state remedies. A certificate of appealability is DENIED. Signed by Judge Sam E Haddon on 11/16/2012. Mailed to Aaberge. (TAG, )

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FILED NOV 16 2012 CIe!k. u.s ~.~ Di8Irid Of ...... ~.8 Bulle IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA GREAT FALLS DIVISION BYRON WAYNE AABERGE, Petitioner, No. CV 12-85-GF-SEH vs. ORDER ATfORNEY GENERAL OF THE STATE OF MONTANA, Defendant. On October 25, 2012, United States Magistrate Judge Keith Strong entered Findings and Recommendations l in this matter. Petitioner did not file objections. No review is required of proposed findings and recommendations to which no objection is made. Thomas v. Am, 474 U.S. 140, 149-152 (1986). However, this Court will review Judge Strong's Findings and Recommendations for clear error. 1 Docket No.2. - --------------------- Upon review, I find no clear error in Judge Strong's Findings and Recommendations and adopt them in full. ORDERED: I. The Petition2 is DISMISSED for failure to exhaust state remedies. 2. A certificate of appealability is DENIED. Any appeal from this disposition will not be taken in good faith due to Petitioner's failure to exhaust state remedies. The Clerk is directeit enter judgment accordingly. DATED this /6 day of November, 2012. ~~ ~~HADDON United States District Judge 2 Docket No.2.

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