DeRosier v. Kirkegard et al

Filing 15

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 14 in full. DeRosier's petition for writ of habeas corpus 1 is DENIED for lack of merit. A certificate of appealability is DENIED. Signed by Judge Donald W. Molloy on 11/25/2014. Mailed to DeRosier. (TAG, )

FILED

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

LOUIS DeROSIER,

NOV 2 5 2014
Cieri<, u.s. District Court
District Of Montana
Missoula

CV 13-215-M-DWM-JCL
Petitioner,
ORDER

vs.
LEROY KIRKEGARD; ATTORNEY
GENERAL OF THE STATE OF
MONTANA,
Respondents.

This matter comes before this Court on Petitioner Louis DeRosier's writ of
habeas corpus under 28 U.S.C. § 2254. DeRosier is a state prison proceeding pro
so. United States Magistrate Judge Lynch recommends denying the petition on the
merits and denying a certificate of appealability. (Doc. 14.)
DeRosier 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

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conviction that a mistake has been committed." United States v. Syrax, 235 F.3d
422, 427 (9th Cir. 2000). DeRosier has not filed any objections and the Court
fmds no clear error in Judge Lynch's determination that the Montana Supreme
Court's conclusion that DeRosier did not show sufficient prejudice was reasonable
and that DeRosier's remaining claims lack merit.
Accordingly, IT IS ORDERED that the Findings and Recommendation
(Doc. 14) are ADOPTED IN FULL. DeRosier's petition for writ of habeas corpus
(Doc. 1) is DENIED for lack of merit.
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

thi~y of November, 2014.

oy, District Judge
.strict Court

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