Petersen v. Attorney General of the State of Montana

Filing 6

ORDER ADOPTING 4 FINDINGS AND RECOMMENDATIONS in full.Petition 1 DISMISSED WITHOUT PREJUDICE. Certificate of appealability DENIED. Signed by Judge Dana L. Christensen on 3/17/2014. Mailed to Petersen. (TAG, )

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

HELENA DIVISION

THOMAS J. PETERSEN,

CV 14-9-H-DLC

Petitioner,
vs.

ORDER

FILED

LEROY KIRKEGARD; ATTORNEY
GENERAL OF THE STATE OF
MONTANA,

MAR 17 201"
Clel1<, u.s. District Court
District Of Montana
Missoula

Respondents.

United States Magistrate Judge R. Keith Strong entered Findings and
Recommendations on February 27,2014, recommending that the petition be
dismissed without prejudice for failure to exhaust state judicial remedies. Petersen
failed to timely object to the Findings and Recommendations, and so waived the
right to de novo review of the record. 28 U.S.C. § 636(b)(1). The Court will
therefore review the record for clear error. McDonnell Douglas Corp. v.
Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). The Court

adopts Judge Strong's findings and recommendation in full.
Petersen filed this habeas petition prior to filing his petition for
postconviction relief. Petersen must exhaust his state judicial remedies before he

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brings his habeas action in federal court. Rose v. Lundy, 455 U.S. 509, 520

(1981); Slackv. McDaniel, 529 U.S. 473 (2000). A certificate of appealability is
not appropriate in this case. Gonzalez v. Thaler, 132 S.Ct. 641,648 (2012).
IT IS ORDERED that Judge Strong's Findings and Recommendation (Doc.
4) are ADOPTED IN FULL. Petersen's petition is DISMISSED WITHOUT
PREJUDICE. A certificate of appealability is DENIED.
DATED this

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IT

day of March 2 1 .

Dana L. Christensen, Chief Judge
United States District Court

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