Wilson v. State of Montana et al

Filing 15

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 11 in full. Petition for writ of habeas corpus[1[ is DISMISSED. A certificate of appealability is DENIED. Signed by Judge Dana L. Christensen on 10/20/2016. Mailed to Wilson. (TAG, )

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

CV 16-52-H-DLC-JTJ

RAY DEAN WILSON,

Plaintiff,
ORDER
vs.
STATE OF MONTANA, et. al.,
Defendant.

United States Magistrate Judge John T. Johnston entered findings and
recommendations in this case on August 31, 2016, recommending that Plaintiff
Ray Dean Wilson's ("Wilson") petition be dismissed for failing to exhaust his
state remedies. Wilson timely filed an objection to the findings and
recommendations, and so is entitled to a de novo review of those findings and
recommendations to which he specifically objects. 28 U.S.C. § 636(b)(1 )(C).
Wilson subsequently filed another objection on October 18, 2016.1 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

1

While this objection was untimely, the Court will treat it as a motion to supplement the
objection, grant the motion, and consider Wilson's additional objections under de novo review.
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1309, 1313 (9th Cir. 1981); Thomas v. Arn, 474 U.S. 140, 149 (1985). Clear error
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).
Notwithstanding the above, "[w]here a petitioner's objections constitute
perfunctory responses argued in an attempt to engage the district court in a
rehashing of the same arguments set forth in the original habeas petition, the
applicable portions of the findings and recommendations will be reviewed for
clear error." Roslingv. Kirkegard, 2014 WL 693315 at *3 (D. Mont. Feb. 21,
2014) (citations omitted).
Having reviewed Wilson's three objections (filed on September 12, 2016,
September 13, 2016, and October 18, 2016), the Court finds that he fails to
articulate any specific issue with Judge Johnston's reasoning, and instead
reiterates his perception that his constitutional rights have been violated in some
manner. Wilson does not present any new evidence that proves he has exhausted
his state remedies. Accordingly, the Court reviews Judge Johnston's findings and
recommendations for clear error and, finding none,
IT IS ORDERED that Judge Johnston's Findings and Recommendations
(Doc. 11) are ADOPTED IN FULL. Wilson's petition for writ of habeas corpus
(Doc. 1) is DISMISSED for failure to exhaust his state remedies .
. -2-

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 J.O'""day of October, 2 16.

Dana L. Christensen, Chief Judge
United States District Court

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