Reeves v. Fender et al
Filing
7
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 6 in full. Petition 1 is DENIED. A certificate of appealability is DENIED. Signed by Judge Dana L. Christensen on 10/7/2016. Mailed to Reeves. (TAG, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION
CV 16-37-H-DLC-JTJ
DEAN REEVES,
Petitioner,
ORDER
vs.
DOUGLAS FENDER, ATTORNEY
GENERALOFTHESTATEOF
MONTANA,
Respondents.
United States Magistrate Judge John Johnston entered his Findings and
Recommendations in this matter on August 15, 2016, recommending denial of
Petitioner Dean Reeves' s ("Reeves") application for writ of habeas corpus under
28 U.S.C. § 2254. The parties failed to timely object to the Findings and
Recommendations, and so waived their right to de novo
revie~f the record. 28
U.S.C. § 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 Reeves's petition should be denied
for lack of merit. Reeves' s petition seeks to challenge the denial of his parole in
September of2015. However, the Court agrees with Judge Johnston that apart
from procedural rights, there is no constitutional right to parole or state-created
liberty interest in parole. Here, Reeves's procedural rights were not violated
because he was provided an opportunity to be heard and was given reasons why
his parole was denied. Reeves' s petition will be denied.
There being no clear error in Judge Johnston's Findings and
Recommendations, IT IS ORDERED that:
(1) Judge Johnston's Findings and Recommendations (Doc. 6) are
ADOPTED IN FULL.
(2) Reeves's petition (Doc. 1) is DENIED for lack of merit.
(3) The Clerk of Court is directed to enter, by separate document, a
judgment of dismissal.
(4) A certificate of appealability is DENIED
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Dated this
·i-~ay of October, 201
Dana L. Christensen, Chief Judge
United States District Court
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