Maier v. Mahoney et al

Filing 1

ORDER OF SEVERANCE. Case opened as directed by Order entered in CV 11-84-M-DWM-JCL. Signed by Jeremiah C. Lynch on 7/29/2011. (TAG, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION

LLOYD SCOTT MAIER,
Petitioner,
vs.
WARDEN MIKE MAHONEY;
ATIORNEY GENERAL OF
THE STATE OF MONTANA,
Respondent.

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PATRICK E, DUh I
By
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Cause No. CV 11-84-M-DWM-JCL

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ORDER OF SEVERANCE

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On June 8, 20 II, Petitioner Lloyd Maier filed this action for a writ of habeas
corpus under 28 U.S.C. § 2254. Maier is a state prisoner proceeding pro se.
Maier's petition contains some claims challenging the conviction and sentence
he incurred in 1996 and some claims challenging the denial of his clemency
application in September 20 I O. Rule 1(e) ofthe Rules Governing Section 2254 Cases
in the United States District Courts provides that "[ a] petitioner who seeks relief from
judgments ofmore than one state court," or more than one state agency, "must file a
separate petition covering the judgment or judgments ofeach court." D. Mont. L.R.
Lll(a)(2)(B)(i) (Dec. I, 2010) provides that a habeas petition challenging a
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conviction must be venued in the county where the prisoner was convicted. Maier
was convicted in Yellowstone County, which lies in the Billings Division. L.R.
l.9(a).

Based on the foregoing, the Court enters the following:
ORDER

l. Maier's allegations challenging the conviction and sentence he incurred in
1996 are SEVERED from the remaining allegations in his petition. They will not be
further addressed in this action.
2. The Clerk of Court shall open a new civil case in the Billings Division and
file in it (1) this Order, (2) Maier's motion to proceed in forma pauperis, (3) the Order
ofJune 10, 2011, granting leave to proceed in forma pauperis, and (4) the petition in
this case.
Maier must immediately notify the Court of any change in his mailing address
by filing a "Notice of Change of Address." Failure to do so may result in dismissal
of his case without notice to him.
DATED this

2!lf~ day of July, 20

iah C. Lynch
ted States Magistrate Judge

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