Petersen v. Attorney General of the State of Montana
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
THOMAS J. PETERSEN,
LEROY KIRKEGARD; ATTORNEY
GENERAL OF THE STATE OF
MAR 17 201"
Clel1<, u.s. District Court
District Of Montana
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
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.
day of March 2 1 .
Dana L. Christensen, Chief Judge
United States District Court
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