Wilson v. Fletcher et al
Filing
16
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 14 in full. A Certificate of Appealability is DENIED. Signed by Judge Dana L. Christensen on 4/5/2018. Mailed to Wilson (TAG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION
BRENT ARTHUR WILSON,
CV 17-145-M-DLC-JCL
Petitioner,
vs.
ORDER
MICHAEL FLETCHER, ATTORNEY
GENERAL OF THE STATE OF
MONTANA,
Respondents.
United States Magistrate Judge Jeremiah C. Lynch entered his Findings and
Recommendations in this case on February 20, 2018, recommending that Petitioner
Brent Arthur Wilson's ("Wilson") Petition for Writ of Habeas Corpus (Doc. 1) be
dismissed with prejudice. (Doc. 14 at 12.) Wilson timely filed an objection on
March 14, 2018. (Doc. 15.) Consequently, Wilson is entitled to de novo review of
those findings and recommendations to which he has specifically objected. 28
U.S.C. ยง 636(b )(1 )(C). Absent objection, this Court reviews findings and
recommendations for clear error. United States v. Reyna-Tapia, 328 F.3d 1114,
1121 (9th Cir. 2003) (en bane); 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
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has been committed." United States v. Syrax, 235 F.3d 422, 427 (9th Cir. 2000)
(citations omitted). "A party makes a proper objection by identifying the parts of
the magistrate's disposition that the party finds objectionable and presenting legal
argument and supporting authority, such that the district court is able to identify
the issues and the reasons supporting a contrary result." Montana Shooting Sports
Ass 'n v. Holder, 2010 WL 4102940, at *2 (D. Mont. Oct. 18, 2010) (citation
omitted).
Judge Lynch concluded, and this Court agrees, that Wilson failed to timely
file his Petition for Writ of Habeas Corpus and that he has failed to redeem his late
filing by establishing actual innocence or entitlement to equitable tolling, despite
being given an opportunity to do so. (Doc. 14 at 5-11.) Wilson's objection
amounts to a rehashing of his prior arguments and fails to present any new facts or
law to support his meritless arguments. (Doc. 15 at 1-2.) Further, Wilson's
objection fails to either reference or specifically object to any of Judge Lynch's
Findings and Recommendations. Wilson having failed to specifically object to any
of Judge Lynch's Findings and Recommendations, this Court reviews the record
for clear error. L.R. 72.3(a); see also McDonnell Douglas Corp. v. Commodore
Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). Finding none,
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IT IS ORDERED that Judge Lynch's Findings and Recommendations (Doc.
14) are ADOPTED IN FULL.
1. Wilson's Petition for Writ of Habeas Corpus (Doc. 1) is DISMISSED
WITH PREJUDICE as untimely.
2. The Clerk of Court is directed to enter, by separate document, a judgment
in favor of Respondents and against Petitioner.
3. A Certificate of Appealability is DENIED.
DATED this 5th day of April, 2018.
Dana L. Christensen, Chief istrict Judge
United States District Court
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