Allred v. Commander Smith

Filing 6

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 3 in full. Donald Allred's petition for writ of habeas corpus 1 is DISMISSED. A certificate of appealability is DENIED. Signed by Judge Donald W. Molloy on 10/18/2013. Mailed to Allred. (TAG, )

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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

MISSOULA DIVISION

DONALD LYNN ALLRED,

CV 13-171-M-DWM-JCL

Petitioner,
ORDER

vs.
COMMANDER SMITH, Flathead
Detention Center,
Respondent.

Donald Lynn Allred is a state prisoner proceeding pro se. He petitions the
Court for a writ of habeas corpus under 28 U.S.C. § 2254. He raises several
claims in his petition. Magistrate Judge Lynch recommends dismissing the
petition.
Initially, the mail sent to the address on file for Donald Allred was returned
as undeliverable. However, on the day objections were due for the present matter,
Allred filed a change of address notification with the Court. Because this change
was omitted from the docket in this case (it was noted in another case in Allred's
name), the Court gave Allred an additional 42 days to file any objections to Judge

1

Lynch's Findings and Recommendation in the present case. Allred did not file
any objections. The Court reviews findings and recommendations which are not
specifically objected to for clear error. McDonnell Douglas Corp. v. Commodore

Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981).
Finding no clear error, IT IS ORDERED that the Findings and
Recommendation (Doc. 3) is ADOPTED IN FULL. Donald Allred's petition for
writ of habeas corpus (Doc. 1) is DISMISSED.
IT IS FURTHER ORDERED that the Clerk of Court is directed to enter by
separate document a judgment in favor of Respondent and against Petitioner.
IT IS FURTHER ORDERED that a certificate of appealabili
lJDated this
day of October, 2013.

J[;

2

is DENIED.