Bachman v. Kirkegard et al

Filing 7

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 6 in full. The Petition 1 is DISMISSED. Signed by Judge Dana L. Christensen on 9/22/2014. Mailed to Bachman. (TAG, )

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

HELENA DIVISION

CV 14-39-H-DLC

RANDALL K. BACHMAN,
Petitioner,

ORDER

vs.

FILED

LEROY KIRKEGARD; ATTORNEY
GENERAL OF THE STATE OF
MONTANA,

SEP 22 201'1
CIef1<:. u.s 0istrId Court
District Of Montana
Missoula

Respondents.

United States Magistrate Judge R. Keith Strong entered his Findings and
Recommendation on June 25,2014, recommending that Petitioner Bachman's
habeas petition be dismissed because Petitioner has been afforded the procedural
protections to which his liberty interest in parole entitle him and because the
Montana Board of Pardons and Parole is not required to release him. Petitioner
failed to timely object to the Findings and Recommendation, 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.

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Petitioner is a state prisoner proceeding pro se. Judge Strong correctly
determined that neither state law nor the Federal Constitution entitle Petitioner the
right to be found suitable for release on parole. Judge Strong also correctly found
that the Montana Board of Pardons and Parole has afforded Petitioner the
procedural protections to which his liberty interest in parole entitle him.

Swarthout v. Cooke, 562 U.S. 216 (2011). There is no clear error in Judge
Strong's recommendation that Petitioner's habeas petition should be denied.
Judge Strong also correctly found that a certificate of appealability should
be denied because Petitioner makes no showing that he was deprived of a
constitutional right. This is not a close question. Miller-El v. Cockrell, 537 U.S.
322, 327 (2003).
IT IS ORDERED that Judge Strong's Findings and Recommendation
(Doc. 6) are ADOPTED IN FULL.
The Petition (Doc. 1) is DISMISSED. The Clerk of Court shall enter
judgment in favor Respondents and against Petitioner. This case is CLOSED.
DATED this L

'2t~ay of Septemb

Dana L. Christensen, Chief Judge
United States District Court
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