Crawford v. Doyle et al

Filing 6

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 5 in full. The petition for writ of habeas corpus 1 is DISMISSED. A certificate of appealability is DENIED. Signed by Judge Donald W. Molloy on 3/7/2014. Mailed to Crawford. (TAG, )

IN THE UNITED STATES DISTRlCT COURT
FOR THE DISTRlCT OF MONTANA
MISSOULA DIVISION

FILED
MAR 0 7 2014
Clerk,

u.s. District Court

District Of Montana
MissOula

ROBERT CRAWFORD,

CV 13-189-M-DWM-JCL

Petitioner,
ORDER

vs.
JAY DOYLE, et aI.,
Respondents.

Petitioner Robert Crawford is proceedings pro se. This matter comes before
this Court on Crawford's writ of habeas corpus under 28 U.S.C. § 2254.
Magistrate Judge Lynch recommends dismissing the petition. (Doc. 5.)
Crawford is entitled to de novo review of the specified findings or
recommendations to which he objects. 28 U.S.C. § 636(b)( 1). The Court reviews
the Findings and Recommendations not specifically objected to for clear error.

McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313
(9th Cir. 1981). 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

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422,427 (9th Cir. 2000). Crawford did not file any objections.
The Court finds no clear error in Judge Lynch's determination that
Crawford's claims are not cognizable in habeas and that Crawford has failed to
exhaust his state remedies.
Accordingly, IT IS ORDERED that the Findings and Recommendation
(Doc. 5) are ADOPTED IN FULL. Crawford'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 Respondents and against Petitioner.
IT IS FURTHER ORDERED that a certificate of appeala . ty is DENIED.
Dated this

r

day of March, 2014.

oIloy, District Judge
District Court

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