Couture v. Berkebile et al

Filing 13

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 11 in full. Petition for writ of habeas corpus 1 DISMISSED. A certificate of appealability is DENIED. Signed by Judge Dana L. Christensen on 1/19/2016. Mailed to Couture. (TAG, )

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

JAMES A. COUTURE,

JAN 19 2016
Clerk, U.S. District Court
District Of Montana
Missoula

CV 15-80-M-DLC-JCL

Petitioner,
ORDER
vs.
DAYID BERKEBILE; ATTORNEY
GENERAL OF THE STATE OF
MONTANA,
Respondents.
United States Magistrate Judge Jeremiah C. Lynch entered findings and
recommendations in this matter on December 10, 2015, recommending dismissal
of Petitioner James A. Couture's ("Couture") petition for writ of habeas corpus,
pursuant to 28 U.S.C. § 2254. Couture filed objections to the findings and
recommendations on December 23, 2015, and so is entitled to de novo review of
those findings and recommendations to which he specifically objects. 28 U.S.C.
§ 636(b )(1 )(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 ifthe Court is left with a

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definite and firm conviction that a mistake has been committed." United States v.

Syrax, 235 F.3d 422, 427 (9th Cir. 2000).
Notwithstanding the above, "[w]here a petitioner's objections constitute
perfunctory responses argued in an attempt to engage the district court in a
rehashing of the same arguments set forth in the original habeas petition, the
applicable portions of the findings and recommendations will be reviewed for
clear error." Roslingv. Kirkegard, 2014 WL 693315 at *3 (D. Mont. Feb. 21,
2014) (citations omitted).
Having reviewed Couture's objection, the Court finds that he fails to
articulate any specific issue with Judge Lynch's reasoning, and instead reiterates
his perception that his constitutional rights have been violated in some manner.
Accordingly, the Court reviews Judge Lynch's findings and recommendations for
clear error and, finding none,
IT IS ORDERED that Judge Lynch's findings and recommendations
(Doc. 11) are ADOPTED IN FULL. Couture's petition for writ of habeas corpus
(Doc. 1) is DISMISSED as time-barred without excuse.
IT IS FURTHER ORDERED that the Clerk of Court shall enter by separate
document a judgment of dismissal.
IT IS FURTHER ORDERED that a certificate of appealability is DENIED.
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DATED this

I 'l~day of January, 2016.

Dana L. Christensen, Chief Judge
United States District Court

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