Kittson v. Dede et al

Filing 8

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 7 in full. The petition for writ of habeas corpus 1 is DENIED. A certificate of appealability is DENIED. Signed by Judge Donald W. Molloy on 3/7/2014. Mailed to Kittson. (TAG, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION

ROBERT KITTSON,

FILED
MAR 0 7 20f~
ClerK, u.s. Distr", "
District Of M(
Missoufi

CV 13-99-GF-DWM-RKS

Petitioner,
ORDER

vs.

RICK DEDE; ATTORNEY GENERAL

OF THE STATE OF MONTANA,

Respondents.

Petitioner Robert Kittson is a state prisoner proceeding pro se. This matter
comes before the Court on Kittson's writ of habeas corpus under 28 U.S.C. §
2254. Magistrate Judge Keith Strong recommends denying the petition. (Doc. 7.)
Kittson is entitled to de novo review of the specified findings or
recommendations to which he objects. 28 U.S.C. § 636(b)(1). The Court reviews
the Findings and Recommendations not specifically objected to for clear error.

McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313
(9th Cir. 1981). 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

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422, 427 (9th Cir. 2000). Kittson did not file any objections and the Court finds
no clear error in Judge Strong's analysis or conclusion.
Accordingly, IT IS ORDERED that the Findings and Recommendation
(Doc. 7) are ADOPTED IN FULL. Kittson's petition for writ of habeas corpus
(Doc. 1) is DENIED.
IT IS FURTHER ORDERED that the Clerk of Court is directed to enter by
separate document a judgment in favor of Respondents and against Petitioner.
IT IS FURTHER ORDERED that a certificate of appealability is DENIED.

J-

Dated this ~ day of March, 2014.

Hoy, District Judge
istrict Court

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