Wilson v. State of Montana et al

Filing 8

ORDER adopting Findings and Recommendations 7 in full. Habeas petition 1 and supplements ( 3 -6) are DISMISSED WITHOUT PREJUDICE. A certificate of appealability is DENIED. Signed by Judge Dana L. Christensen on 2/18/2016. Mailed to Wilson. (TAG, )

FILED
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION

RAY DEAN WILSON,

FEB 1 8 2016
Clerk, U.S. District Court
District Of Montana
Missoula

CV 15-110-H-DLC-JTJ

Petitioner,
ORDER
vs.
STATE OF MONTANA, COUNTY
ATTORNEY, SECOND JUDICIAL
COURT, MARKE. CLAY, and
HEALTH DEPARTMENT,
Respondents.
United States Magistrate Judge John T. Johnston entered an order, findings,
and recommendations in this case on January 25, 2016, granting Petitioner Ray
Dean Wilson's ("Wilson") motion to proceed informa pauperis, but
recommending that his petition for writ of habeas corpus, pursuant to 28 U.S.C.
§ 2254, be dismissed without prejudice for failure to exhaust state remedies.
Wilson did not object to the findings and recommendations, and so waived the
right to de nova review of the record. 28 U.S.C. § 636(b)(l)(C). This Court
reviews for clear error those findings and recommendations to which no party
objects. See McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d
1309, 1313 (9th Cir. 1981); Thomas v. Arn, 474 U.S. 140, 149 (1985). Clear error
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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 422, 427 (9th Cir. 2000)
(citations omitted).
Having reviewed the findings and recommendations, the Court finds no
clear error in Judge Johnston's conclusion that habeas relief is unavailable to
Wilson in light of the ongoing nature of his state criminal proceedings.
Accordingly, IT IS ORDERED that Judge Johnston's findings and
recommendations (Doc. 7) are ADOPTED IN FULL. Wilson's habeas petition
(Doc. 1) and supplements (Docs. 3-6) are DISMISSED WITHOUT PREJUDICE.
IT IS FURTHER ORDERED that the Clerk of Court shall enter, by separate
document, a judgment of dismissal.
IT IS FURTHER ORDERED that a certificate of appealability is DENIED.
DATED this

~
day of February, 016.

\i;

Dana L. Christensen, Chief Judge
United States District Court

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