Summary
In Fletcher v. Dennison, 101 Cal. 292, [35 P. 868], an action to foreclose a mortgage, it was alleged "that on the failure of the defendants to pay the installments of interest which by the terms of said promissory note and said indebtedness became and was due on the 21st day of October, 1902, the plaintiffs elected to declare and did declare the said principal and the interest thereon due and payable."
Summary of this case from Patten v. Pepper Hotel Co.Opinion
CV 17-101-M-DLC-JCL
11-06-2018
RANDY ALLEN DENNISON, Petitioner, v. MICHAEL FLETCHER, ATTORNEY GENERAL OF THE STATE OF MONTANA, Respondents.
ORDER
United States Magistrate Judge Jeremiah C. Lynch entered his Findings and Recommendations on August 20, 2018, recommending that Petitioner Randy Allen Dennison's ("Dennison") Petition (Doc. 1) be denied because his claims either do not survive the deferential review mandated by 28 U.S.C. § 2254(d) or are procedurally defaulted and lacking in merit. (Doc. 16 at 22.) Dennison did not object to the Findings and Recommendations and so has waived the right to de novo review thereof. 28 U.S.C. § 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 banc); 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). Reviewing for clear error and finding none,
IT IS ORDERED that Judge Lycnh's Findings and Recommendations (Doc. 16) are ADOPTED IN FULL. Dennison's Petition (Doc. 1) is DENIED. Claims 1-8 and 10-11 do not survive deferential review under AEDPA. Claim 9 is procedurally defaulted and lacks merit.
IT IS FURTHER ORDERED that the Clerk of Court is directed to enter a judgment in favor of Respondents and against Petitioner.
IT IS FURTHER ORDERED that a certificate of appealability is DENIED.
DATED this 6th day of November, 2018.
/s/_________
Dana L. Christensen, Chief Judge
United States District Court