Richard v. Andrew et al

Filing 10

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 9 in full. Petition for Writ of Habeas Corpus 1 is DENIED. A certificate of appealability is DENIED. Signed by Judge Dana L. Christensen on 1/19/2016. Mailed to Richard. (TAG, )

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

FIL,ED
JAN 1 9 2016
Clerk, U.S. District Court
District Of Montana
Missoula

CYRIL K. RICHARD,

CV 15-63-M-DLC-JCL

Petitioner,
ORDER
vs.
BOYD ANDREW and the
ATTORNEY GENERAL OF THE
STATE OF MONTANA,
Respondents.
United States Magistrate Judge Jeremiah C. Lynch entered his Order,
Findings and Recommendations on November 10, 2015, recommending denying
Petitioner Cyril K. Richard's ("Richard") Petition for Writ of Habeas Corpus.
Richard failed to timely object to the findings and recommendations, and so
waived the right to de novo review of the record. 28 U.S.C. § 636(b)(l)(C). This
Court reviews for clear error those findings and recommendations to which no
party objects. See McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656
F.2d 1309, 1313 (9th Cir. 1981); Thomas v. Arn, 474 U.S. 140, 149 (1985). 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 422, 427 (9th Cir. 2000)

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(citations omitted).
Having reviewed the Findings and Recommendations, the Court finds no
clear error in Judge Lynch's conclusion that Richard's Petition should be denied
on the merits.
There being no clear error in Judge Lynch's Findings and
Recommendations, IT IS ORDERED that:
(1) Judge Lynch's Findings and Recommendations (Doc. 9) are ADOPTED
IN FULL.
(2) Richard's Petition for Writ of Habeas Corpus (Doc. 1) is DENIED on
the merits.
(3) The Clerk of Court is directed to enter by separate document a
judgment in favor of Respondents and against Petitioner.
(4) A certificate of appealability is DENIED.
Dated this 19th day of January, 2016.

Dana L. Christensen, Chief istrict Judge
United States District Court

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