ROWLAND MEDICINE HORSE v. KIRKGARD, CV 13-155-BLG-SEH-CSO. (2014)
Court: District Court, D. Montana
Number: infdco20141028h04
Visitors: 3
Filed: Oct. 21, 2014
Latest Update: Oct. 21, 2014
Summary: ORDER SAM E. HADDON, District Judge. On September 8, 2014, United States Magistrate Judge Carolyn S. Ostby entered her Findings and Recommendations 1 on Petitioner Medicine Horse's Writ of Habeas Corpus under 28 U.S.C. 2254. 2 Petitioner filed objections on October 17,2014. 3 The Court reviews de novo findings and recommendations to which objections are made. 28 U.S.c. 636(b)(I). Upon de novo review of the record, I find no error in Judge Ostby's Findings and Recommendations and adopt
Summary: ORDER SAM E. HADDON, District Judge. On September 8, 2014, United States Magistrate Judge Carolyn S. Ostby entered her Findings and Recommendations 1 on Petitioner Medicine Horse's Writ of Habeas Corpus under 28 U.S.C. 2254. 2 Petitioner filed objections on October 17,2014. 3 The Court reviews de novo findings and recommendations to which objections are made. 28 U.S.c. 636(b)(I). Upon de novo review of the record, I find no error in Judge Ostby's Findings and Recommendations and adopt ..
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ORDER
SAM E. HADDON, District Judge.
On September 8, 2014, United States Magistrate Judge Carolyn S. Ostby entered her Findings and Recommendations1 on Petitioner Medicine Horse's Writ of Habeas Corpus under 28 U.S.C. §2254.2Petitioner filed objections on October 17,2014.3The Court reviews de novo findings and recommendations to which objections are made. 28 U.S.c. § 636(b)(I).
Upon de novo review of the record, I find no error in Judge Ostby's Findings and Recommendations and adopt them in full. Medicine Horse's petition is both time-barred and procedurally-barred.
ORDERED:
1. The Petition for Writ of Habeas Corpus is DENIED and DISMISSED with prejudice; and
2. The Clerk of Court is directed to enter by separate document a judgment in favor of Respondents and against Petitioner; and
3. The Certificate of Appealability is DENIED. Petitioner has not overcome the requirements that reasonable jurists would find that Medicine Horse is actually innocent of felony DUI or made a substantial showing that counsel was ineffective.
FootNotes
1. (Doc. 13.)
2. (Doc. 1.)
3. (Doc. 18.)
Source: Leagle
