In Re Kane

Filing 6

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 4 . Kane's Petition 1 is DISMISSED and a certificate of appealability is DENIED. Signed by Judge Richard F. Cebull on 12/11/2012. Mailed to Kane. (TAG, )

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IN THE UNITED STATES DISTRICT

COURTFILED

FOR THE DISTRICT OF MONTANA

DEC II 2012

BILLINGS DIVISION

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IN Re: NORA KANE,

Case No. CV-12-125-BLG-RFC-CSO

Petitioner,
ORDER ADOPTING FINDINGS
AND RECOMMENDATIONS OF
U.S. MAGISTRATE JUDGE

Petitioner Nora Kane has filed documents which United States Magistrate
Judge Carolyn S. Ostby has construed as a petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2241. Doc. 1. Because Kane's claims were not clearly
pleaded, Judge Ostby issued an order permitting her to file an amended petition by
October 24, 2012, supplying a form for her use, and explaining that failure to
comply with the Order could result in the dismissal of the action. Doc. 3. When
almost two months passed without a response from Kane, Judge Ostby issued
Findings and Recommendations recommending the Petition be dismissed without
prejudice because she was challenging ongoing state court proceedings. Doc. 4.
Kane has also failed to comply with Judge's Ostby's Order that she keep the Court
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apprised of her current address because the Findings and Recommendations were
returned to the Court as undeliverable, indicating that she was no longer living at
the address on file with the Court. Doc. 5.
Accordingly, IT IS HEREBY ORDERED that Kane's Petition (doc. 1) is
DISMISSED and a certificate of appealability is DENIED.

The Clerk of Court should be directed to enter by separate document a
judgment of dismissal.
DATED the

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_J./:_ day of December, 20
RICHARD F. CEBULL
UNITED STATES DISTRICT JUDGE

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