Lozeau v. Fletcher et al
Filing
6
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 2 in full. A Certificate of Appealability is DENIED Signed by Judge Dana L. Christensen on 4/5/2018. Mailed to Lozeau. (TAG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION
HARRY LOZEAU,
Petitioner,
vs.
ORDER
MICHAEL FLETCHER, ATTORNEY
GENERAL OF THE STATE OF
MONTANA
Respondents.
United States Magistrate Judge Jeremiah C. Lynch entered his Findings and
Recommendation on December 11, 2017, recommending Petitioner Harry
Lozeau's ("Lozeau") Petition for Writ of Habeas Corpus (Doc. 1) be denied for
lack of merit. (Doc. 2 at 5.) Lozeau filed an objection on February 6, 2018. (Doc.
5.) Consequently, Lozeau is entitled to de novo review of those findings and
recommendations to which he specifically objects. 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 has been committed." United
States v. Syrax, 235 F.3d 422, 427 (9th Cir. 2000) (citations omitted). "A party
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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 Lozeau has failed to
present a claim that is cognizable in habeas as he has no constitutional right to
placement at a particular facility and has provided no more than conclusory
statements to support his remaining request for relief. (Doc. 2 at 2-4.) Lozeau's
objection amounts to a bulleted list of facts irrelevant to the basis for Judge
Lynch's Findings and Recommendation with no identification of the specific
points of Judge Lynch's disposition to which he objects. (Doc. 5 at 1-2.)
Although Lozeau has listed some cases he apparently deems relevant, Lozeau has
failed to identify the aspects of Judge Lynch's conclusion to which the cases
pertain and further failed to present any legal argument to merit their consideration.
(Id.) Accordingly, Lozeau has failed to properly object to Judge Lynch's Findings
and Recommendation and, consequently, Judge Lynch's Findings and
Recommendation are reviewed for clear error.
Reviewing for clear error and finding none,
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IT IS ORDERED that Judge Lynch's Findings and Recommendations (Doc.
2) are ADOPTED IN FULL.
1. Lozeau's Petition for Writ of Habeas Corpus (Doc. 1) is DENIED for
lack of merit.
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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