Awbery v. Salmonson, No. 4:2018cv00019 - Document 12 (D. Mont. 2018)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 7 in full. A certificate of appealability is DENIED. Signed by Judge Brian Morris on 7/23/2018. Mailed to Awbery (TAG)

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Awbery v. Salmonson Doc. 12 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA GREAT FALLS DIVISION CHRISTOPHER AWBERY, CV-18-19-GF-BMM-JTJ Petitioner, vs. ORDER JAMES SALMONSON, Respondent. United States Magistrate Judge John T. Johnston entered his Amended Findings and Recommendations in this case on April 18, 2018, recommending dismissal of Petitioner Christopher Awbery’s petition for writ of habeas corpus under 28 U.S.C. § 2254. (Doc. 7.) Neither party filed objections. When a party makes no objections, the Court need not review de novo the proposed Findings and Recommendations. Thomas v. Arn, 474 U.S. 140, 149-52 (1986). This Court will review Judge Johnston’s Findings and Recommendations, however, for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). Judge Johnston found, and this Court agrees, that this matter should be dismissed because Awbery has not filed an individual petition for habeas corpus 1 Dockets.Justia.com relief as directed. Awbery is precluded from filing his request for habeas relief en masse with other petitioners. Thus, his petition will be dismissed without prejudice. The Court has reviewed Judge Johnston’s Findings and Recommendations for clear error. The Court finds no error in Judge Johnston’s Findings and Recommendations, and adopts them in full. IT IS ORDERED that Judge Johnston’s Findings and Recommendations (Doc. 7), are ADOPTED IN FULL. IT IS ORDERED that Awbery’s Petition (Doc. 2) is DISMISSED WITHOUT PREJUDICE. IT IS ORDERED that the Clerk of Court shall enter a judgment of dismissal. IT IS FURTHER ORDERED that a certificate of appealability is DENIED. DATED this 23rd day of July, 2018. 2

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