Lawton v. State of Montana et al, No. 2:2011cv00081 - Document 10 (D. Mont. 2012)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 8 in full. Lawton's Petition 1 is DISMISSED WITHOUT PREJUDICE; a certificate of appealability is DENIED. Signed by Judge Richard F. Cebull on 3/14/2012. Mailed to Lawton. (TAG, )
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Lawton v. State of Montana et al Doc. 10 IN THE UNITED STATES DISTRICT COURT FILED FOR THE DISTRICT OF MONTANA MAR 142012 BUTTE DIVISION PATRICK E. DUFFY CLERK BY_ _~~:;;;--_ Deputy Clerk U.S. DISTRICT COURT CV-11-81-BU-RFC-CS~LlNGS TAMMY L. LAWTON, ) ) Plaintiff, ) ) vs. ) ) ) MIKE MAHONEY; ATTORNEY ) GENERAL OF THE STATE OF ) MONTANA, ) ) Defendants. ) DIVISION ORDER ADOPTING FINDINGS AND RECOMMENDATIONS OF U.S. MAGISTRATE JUDGE -----------------------) On December 5, 2011, Petitioner Tammy Lawton, a state prisoner proceeding pro se, filed this action seeking a writ of habeas corpus under 28 U.S.C. § 2254. Subsequent Orders of this Court have all been returned as undeliverable because failed to keep the Court apprised of her current address. Docs. 3, 5-7, & 9. Accordingly, United States Magistrate Judge Ostby has recommended the petition for habeas corpus be dismissed without prejudice pursuant to Local Rule of Procedure 5 .2(b). Not surprisingly, Lawton did not file objections to Judge Ostby's Findings and Recommendations within 14 days as required by 28 U.S.C. § 636(b)(l). 1 Dockets.Justia.com Accordingly, IT IS HEREBY ORDERED as follows: 1. Lawton's Petition (doc. 1) is DISMISSED WITHOUT PREJUDICE; 2. The Clerk of Court is directed to enter, by separate document, a judgment of dismissal; and 3. A certificate of appealability is DENIED. DATED the 14th day of March, 2012. 2
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