LongJaw v. State of Montana

Filing 2

ORDER OF DISMISSAL. This action IS DISMISSED WITHOUT PREJ!JDICE. A certificate of appealability is DENIED. Signed by Judge Richard F. Cebull on 9/7/2011. Mailed to Longjaw. (TAG, )

IN THE UNITED STATES DISTRICT COq~\fSEP

7 Arr11Q 38

FOR THE DISTRICT OF MONTANA
BY _ - - - - - - ­

BILLINGS DIVISION

TIMOTHY J. LONGJA W,
Petitioner,
vs.
MIKE MAHONEY; ATTORNEY
GENERAL OF THE STATE OF
MONTANA,
Respondents.

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DEPUTY CLERK

Cause No. CV 11-95-BLG-RFC

ORDER OF DISMISSAL

On August 25,2011, Petitioner Timothy J. Longjaw submitted a document
titled "Injunctive Relief' in this Court. He is a state prisoner proceeding pro se.
Longjaw is proceeding in the Montana Supreme Court with a direct appeal
from his conviction in Montana's Fourth Judicial District Court, Missoula County.
New counsel recently entered an appearance in the case, Notice, State v. Longjaw,
No. DA 11-0087 (Mont. Aug. 23, 2011). No merits brief has been filed as yet.
Longjaw challenges his conviction, his sentence, the manner in which his case
was or is being processed, and the manner in which the record is or is not being kept
ORDER I PAGE 1

in state court. Some ofhis concerns cannot be addressed in federal court until he has
properly exhausted the remedies available to him in the courts of the State of
Montana. 28 U.S.C. § 2254(b). There is no reason to believe that counsel will be
unable properly to protect Longjaw's due process rights, e.g., Draper v. Washington,
372 U.S. 487,498-500 (\963); Douglas v. California, 372 U.S. 353,354-55 (1963);
Griffin v. Illinois, 351 U.S. 12, 13·14 (1956). This action is premature.

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

This action

IS

DISMISSED WITHOUT PREJ!JDICE. A certificate of

appealability is DENIED because Longjaw is in the midst oflitigating his February
2011 direct appeal to the Montana Supreme Court. The Clerk of Court shall enter,
by separate document, a judgment of dismissal. Motions for reconsideration, relief
from the judgment, or of any other kind will not be entertained and will be stricken
if filed.

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DATED thisL day of September, 2011.

. Cebull, Chief Judge
United States District Court

ORDER I PAGE 2