Sanchey v. Kirkegard

Filing 7

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 6 in full. Petition [1,], 3 DENIED. Certificate of appealability DENIED. Signed by Judge Donald W. Molloy on 10/11/2013. Mailed to Sanchey. (TAG, )

FILEr
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION

JOHN SANCHEY,

OCT 11 211;

CV 13-107-M-DWM-JCL
Petitioner,
ORDER

vs.
KIRKEGARDIFOX,
Respondents.

John Sanchey is a state prisoner proceeding pro se. He petitions the Court
for a writ of habeas corpus under 28 U.S.C. § 2254, alleging ineffective assistance
of counsel and that he was coerced into issuing a guilty plea. Magistrate Judge
Lynch recommends dismissing the petition and amended petition (Docs. 1, 3).
Sanchey has not filed objections to Judge Lynch's Findings and
Recommendation, thus the Court reviews them for clear error. McDonnell
Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F .2d 1309, 1313 (9th Cir.
1981 ).

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Finding no clear error, IT IS ORDERED that the Findings and
Recommendation (Doc. 6) is ADOPTED IN FULL. John Sanchey's petition and
amended petition for writ of habeas corpus (Docs. 1,3) are DENIED.
IT IS FURTHER ORDERED that the Clerk of Court is directed to enter by
separate document a judgment in favor of Respondents and against Petitioner.
IT IS FURTHER ORDERED that a certificate of appealability is DENIED.
Dated this I d a y of October, 2013.

olloy, District Judge
District Court

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