Ritesman v. Salmonson et al

Filing 4

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 3 in full. COA DENIED. Signed by Judge Dana L. Christensen on 7/12/2018. Mailed to Ritesman (TAG)

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

FILED
UUL 12 2018
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TIMOTHY ERIC RITESMAN,
CV 18-93-M-DLC-JCL
Petitioner,
ORDER

vs.
JAMES SALMONSON, ATTORNEY
GENERAL OF THE STATE OF
MONTANA,
Respondent.

United States Magistrate Judge Jeremiah C. Lynch entered his Order and
Findings and Recommendation on June 1, 2018, recommending that Petitioner's
Petition for Writ of Habeas Corpus (Doc. 1) be dismissed for failure to exhaust.
(Doc. 3 at 6.) Petitioner failed to timely object to the Findings and
Recommendation and so has waived the right to de novo review thereof.
28 U.S.C. § 636(b)(l)(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).
After reviewing for clear error and finding none,
IT IS ORDERED that Judge Lynch's Order and Findings and
Recommendation (Doc. 3) are ADOPTED IN FULL and the Petition (Doc. 1) is
DISMISSED as unexhausted.
IT IS FURTHER ORDERED that the Clerk of Court is directed to enter a
judgment of dismissal by separate document.
IT IS FURTHER ORDERED that a certificate of appealability is DENIED.
DATED this 12.-""'day of July, 2018.

Dana L. Christensen, Chief Judge
United States District Court

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