PAYNE v. FRINK

No. CV 11-42-M-DWM.

944 F.Supp.2d 967 (2013)

Tyrone Everett PAYNE, Petitioner, v. Warden Martin FRINK; Attorney General of the State of Montana, Respondents.

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

May 10, 2013.


Attorney(s) appearing for the Case

Tyrone Everett Payne, Shelby, MT, pro se.

Jonathan M. Krauss , Montana Department of Justice, Helena, MT, for Respondents.


ORDER CONDITIONALLY GRANTING WRIT OF HABEAS CORPUS

DONALD W. MOLLOY, District Judge.

On April 23, 2013, United States Magistrate Judge Jeremiah Lynch issued Findings and Recommendation. He concluded that Tyrone Payne's petition for writ of habeas corpus under 28 U.S.C. § 2254 should be conditionally granted as to one claim and that two other claims should be dismissed with prejudice. Neither party filed objections.

Reviewing for clear error...

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