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 Cleric. us n;.,..,_ "-··Dililrlci or~·"" """'' Billi,:mana 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 I 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 Jt;;- _J./:_ day of December, 20 RICHARD F. CEBULL UNITED STATES DISTRICT JUDGE 2

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