Chilinski v. State of Montana et al

Filing 13

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 9 in full. COA denied. Signed by Judge Brian Morris on 11/8/2019. Mailed to Chilinski (TAG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION
MIKE CHILINSKI,
Petitioner,

CV 18-41-H-BMM-JTJ

vs.
STATE OF MONTANA, TIM FOX,
ATTORNEY GENERAL OF THE
STATE OF MONTANA,

ORDER ADOPTING MAGISTRATE
JUDGE’S FINDINGS AND
RECOMMENDATIONS

Respondents.

Pro se Petitioner Mike Chilinski applied for a writ of habeas corpus under
28 U.S.C. § 2254. (Doc. 1.) Chilinski requests that the Court dismiss his Montana
state court convictions or, in the alternative, order a new trial in Montana State
District Court omitting certain evidence. (Doc. 8 at 7.)
Judge Johnston issued Findings and Recommendations on August 6, 2019.
(Doc. 9.) Judge Johnston recommends that the Court deny Chilinski’s Amended
Petition (Doc. 8). (Doc. 9 at 17.) Chilinski filed a 70-page objection to Judge
Johnston’s Findings and Recommendations on September 27, 2019. (Doc. 12.)

1

The Court reviews de novo those Findings and Recommendations to which a
party timely objected. 28 U.S.C. § 636(b)(1). The Court reviews for clear error the
portions of the Findings and Recommendations to which the party did not
specifically object. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc.,
656 F.2d 1309, 1313 (9th Cir. 1981). Where a party’s objections constitute
perfunctory responses argued in an attempt to engage the district court in a
reargument of the same arguments set forth in the original response, however, the
Court will review the applicable portions of the findings and recommendations for
clear error. Rosling v. Kirkegard, 2014 WL 693315 *3 (D. Mont. Feb. 21, 2014)
(internal citations omitted).
Chilinski’s objections advance the same arguments that he raised before.
The Court will not engage in Chilinski’s attempt to reargue the same issues. The
Court reviewed Judge Johnston’s Findings and Recommendations for clear error.
The Court finds no error.
Accordingly, IT IS ORDERED that Judge Johnston’s Findings and
Recommendations (Doc. 9) are ADOPTED IN FULL.
IT IS FURTHER ORDERED that Chilinski’s Amended Petition (Doc. 8)
is DENIED.

2

The Clerk of Court is directed to enter judgment in favor of Respondents and
against Petitioner.
A certificate of appealability is DENIED. The Clerk of Court shall
immediately process the appeal if Chilinski files a Notice of Appeal.
DATED this 8th day of November, 2019.

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