Bailey v. Batista et al, No. 4:2016cv00024 - Document 4 (D. Mont. 2016)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 3 in full. Petition 1 DENIED. Certificate of appealability DENIED. Signed by Judge Brian Morris on 4/19/2016. Mailed to Bailey. (TAG, )
Download PDF
<![CDATA[
Bailey v. Batista et al Doc. 4 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA GREAT FALLS DIVISION CV 16-24-GF-BMM-JTJ D’WAYNE BAILEY, Petitioner, ORDER ADOPTING MAGISTRATE’S FINDINGS AND RECOMMENDATIONS vs. LEROY KIRKEGARD, DOUGLAS FENDER, MIKE BATISTA, et. al., Respondents. The Court agrees with Judge Johnston that 28 U.S.C. § 2254 fails to represent the proper vehicle to attempt to secure the relief that Bailey seeks. Bailey has another action pending before this Court, which the Court has construed as a civil action under 42 U.S.C. § 1983. Bailey may file an amended complaint in that matter. He should include all the claims he wishes to make, including his due process/denial of property claim. The Court also agrees with the Magistrate that it lacks jurisdiction over the instant claims when styled as a habeas petition. The Court will dismiss the petition. (Doc. 1.) The Court will deny a certificate of appealability. Therefore, it is HEREBY ORDERED that Judge Johnston’s Order and Findings and Recommendations (Doc. 3) is ADOPTED IN FULL. 1 Dockets.Justia.com IT IS FURTHER ORDERED that: (1) The Petition (Doc. 1) shall be DENIED for lack of jurisdiction; (2) The Clerk of Court shall enter by separate document a judgment in favor of Respondents against Petitioner; and (3) A certificate of appealability shall be DENIED. DATED this 19th day of April, 2016. 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
