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WEAVER v. ATTORNEY GENERAL OF MONTANA

No. CV 06-94-M-DWM.

597 F.Supp.2d 1126 (2008)

William Larry WEAVER, Petitioner, v. ATTORNEY GENERAL OF the State of MONTANA and Barry Goodrich, Warden of Coffee County Correctional Facility, Respondents.

United States District Court, D. Montana, Missoula Division.

December 12, 2008.

Attorney(s) appearing for the Case

Wendy Holton, Holton Law Firm, Helena, MT, for Petitioner.

C. Mark Fowler, Montana Attorney General, David Ole Olson, Office of the Montana Attorney General, Helena, MT, for Respondents.

Barry Goodrich, Nicholls, GA, pro se.

ORDER

DONALD W. MOLLOY, District Judge.

United States Magistrate Judge Jeremiah C. Lynch entered Findings and Recommendation in this matter on May 24, 2007. Judge Lynch recommended dismissing Petitioner's Complaint and Amended Complaint and counting the dismissal as a "strike" pursuant to 28 U.S.C. § 1915(g). Weaver timely objected on July 11, 2008. Weaver therefore is entitled to de novo review of those portions of the Findings and Recommendation...

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