Keefe v. Fletcher

Filing 16

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 11 in full. A certificate of appealability is DENIED. Signed by Judge Dana L. Christensen on 1/29/2018. Mailed to Keefe (TAG)

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

JORDAN KEEFE,
Petitioner,
vs.

ORDER

MICHAEL FLETCHER, ATTORNEY
GENERAL OF THE STATE OF
MONTANA,
Respondent.
United States Magistrate Judge Jeremiah C. Lynch entered his Findings and
Recommendations in this case on December 4, 2017, recommending denial of
Petitioner Jordan Keefe's ("Keefe") petition for writ of habeas corpus under 28
U.S.C. § 2254.

Keefe moved for extension of time to file his objections to the

findings and recommendations on December 15, 2017.

(Doc. 12.)

The Court

granted the motion and allowed Keefe to file his objections by January 15, 2018.
(Doc. 13.)

Keefe filed a motion to appoint counsel on January 12, 2018, but has

not filed any objections.

(Doc. 14.)

Thus, having failed to timely object to the

findings and recommendations, he has waived the right to de novo review of the
record.

28 U.S.C. § 636(b )(1 ).

The Court will therefore review the record for

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clear error.

McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d

1309, 1313 (9th Cir. 1981).
Judge Lynch found, and this Court agrees, that that this matter should be
dismissed for failure to prosecute, pursuant to Fed. F. Civ. P. 41(b).

Keefe was

given ample time by Judge Lynch to establish why his habeas petition is not
subject to the statute of limitations and is not procedurally defaulted.

Keefe has

not made such a showing to date.
Accordingly, IT IS ORDERED that Judge Lynch's Findings and
Recommendations (Doc. 11) are ADOPTED IN FULL.

Keefe's Amended

Petition (Doc. 6)is DISMISSED under Fed. R. Civ. P. 41(b) for failure to
prosecute.
IT IS FURTHER ORDERED that the Clerk of Court shall enter, by separate
document, a judgment in favor ofRespondents and against Petitioner.
IT IS FURTHER ORDERED THAT a certificate of appealability is
DENIED.
DATED this

#i

;..q day of January, 2018.

Dana L. Christensen, Chief Judge
United States District Court
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