Howard v. Kirkegard
Filing
4
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 3 in full. Request for Extension 1 is DENIED and the matter is DISMISSED without prejudice. A certificate of appealability is DENIED. Signed by Judge Dana L. Christensen on 5/10/2016. Mailed to Howard. (TAG, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION
FILED
MAY 1 0 2016
Clerk, U S District Court
District Of Montana
Missoula
HARLEY HOWARD,
CV 16-25-H-DLC-JTJ
Petitioner,
ORDER
vs.
LEROY KIRKEGARD, WARDEN;
ATTORNEY GENERAL OF THE
STATE OF MONTANA,
Respondents.
United States Magistrate Judge John Johnston entered his Order, Findings
and Recommendations in this matter on April 7, 2016, recommending dismissal of
this case due to Petitioner Harley Howard's ("Howard") failure to file his petition
for writ of habeas corpus. Howard failed to timely object to the Findings and
Recommendations, and so waived his right to de novo review of the record. 28
U.S.C. ยง 636(b )(1 )(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 exists ifthe Court is left with a
"definite and firm conviction that a mistake has been committed." United States v.
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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 this matter should be dismissed
because Howard has failed to present a "case or controversy" pursuant to Article
III, Section 2, of the United States Constitution.
Accordingly, IT IS ORDERED that:
(1) Judge Johnston's Findings and Recommendations (Doc. 3) are
ADOPTED IN FULL.
(2) Howard's Request for Extension (Doc. 1) is DENIED and the matter is
DISMISSED without prejudice.
(3) The Clerk of Court is directed to enter, by separate document, a
judgment of dismissal.
(4) A certificate of appealability is DENIED.
Dated this l
O~day of May, 2016.
Dana L. Christensen, Chief Judge
United States District Court
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