Marshall v. Mahoney et al, No. 4:2008cv00060 - Document 6 (D. Mont. 2008)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 2 in full. Marshall's second Petition for Writ of Habeas Corpus is TRANSFERRED to the United States Court of Appeals for the Ninth Circuit. The motion to proceed in forma pauperis filed by Joseph R. Marshall is DENIED AS MOOT. Signed by Judge Sam E Haddon on 10/22/2008. Copy mailed to Marshall. (TAG, )
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Marshall v. Mahoney et al Doc. 6 FILED GRE:\T T.',LLS ? I . 2000 OCT 22 PI7 12 37 PATRIZK E. SUFFY, CLERK BY DEPUTY CLERK IN THE UNITED STATES DISTRICT COURT FOR TEE DISTRICT OF MONTANA GREAT FALLS DMSION JOSEPH R MARSHALL, Petitioner, NO. CV 08-60-GF-SEH ORDER MME MAHONEY, ATTORNEY GENERAL OF THE STATE OF MONTANA, Respondents. On October 1,2008, United States h4agistrate Judge Keith Strong entered Findings and Recommendation in this matter.' Petitioner Joseph R Marshall, proceeding pro se, filed objections on October 14,2008. The Court reviews de novo findings and recommendation to which objection is made. 28 U.S.C. ยง 636(b)(l). Judge Strong found that: 1) this court is without jurisdiction to consider a second petition under 92254; 2) the petition should be transferred to the United States Court of Appeals for the ' Ducket No.4. Dockets.Justia.com Ninth Circuit. Upon de now review of the record, I adopt in 111 the Findings and Recommendation of Magistrate Judge Strong. ORDERED: 1. Marshall's second Petition for Writ of Habeas corpus2is TRANSFERRED to the United States Court of Appeals for the Ninth Circuit. 2. The motion to mceed in foma . uau.ueris' is DENIED AS MOOT. DATED this United States District Judge Docket No. 1. 'Docket No. 2.