Bailey v. Fender et al

Filing 11

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 10 in full. This action is DISMISSED WITH PREJUDICE. A certificate of appealability is DENIED. Signed by Judge Dana L. Christensen on 6/22/2017. Mailed to Bailey (TAG)

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

JUN 2 2 2017
Cl~ U.S. District c

triMct. Ot Montan~urt
ISSOula

CV 16-84-H-DLC-JTJ

D'WAYNEBAILEY,
Petitioner,

ORDER
vs.
DOUGLAS FENDER, ATTORNEY
GENERAL OF THE STATE OF
MONTANA, STEVE BULLOCK,
MIKE BATISTA, LEROY
KIRKEGARD, BLAIR HOPKINS,
SALLY ADDEN, MYRON BEESON,
Respondents.
United States Magistrate Judge John T. Johnston entered his findings and
recommendations in this case on June 1, 201 7, recommending denial of Petitioner
D'Wayne Bailey's ("Bailey") petition for writ of habeas corpus under 28 U.S.C. §
2254. Bailey failed to timely object to the findings and recommendations, and so
waived the right to de novo review of the record. 28 U.S.C. § 636(b)(l). 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).
Judge Johnston found, and this Court agrees, that Bailey's petition fails to
state a cognizable claim for habeas relief.
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Accordingly, IT IS ORDERED that Judge Johnston's findings and
recommendations (Doc. 10) are ADOPTED IN FULL. This action is DISMISSED
WITH PREJUDICE. The Clerk of Court shall enter by separate document a
judgment in favor of Respondent and against Petitioner Bailey. A certificate of
appealability is DENIED.
DATED this

2.1.~ay of June, 2017
\

Dana L. Christensen, Chief Judge
United States District Court

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