Ellison v. Fletcher

Filing 15

ORDER granting 7 Motion to Amend; denting Motion to Proceed in forma Pauperis 7 -2; denying Motion for Copies 7 -4; denying 10 Motion for Joint Action; denying 11 Motion to Appoint Counsel. Signed by Magistrate Judge Timothy J. Cavan on 2/12/2018. Mailed to Ellison (TAG)

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FILED IN THE UNITED STATES DISTRICT COURT FEB U 20t8 „ ^ U.S. Courts C erk. FOR THE DISTRICT OF MONTANA Distrid of Montana BILLINGS DIVISION Cause No. CV 17-168-BLG-DLC-TJC LIONEL SCOTT ELLISON, Petitioner, ORDER vs. MICHAEL FLETCHER, Respondent. This case conies before the Court on Petitioner Lionel Scott Ellison's application for writ of habeas corpus under 28 U.S.C.§ 2254. Ellison is a state prisoner proceeding pro se. On January 2, 2018,Ellison was ordered to show cause as to why his petition should not be dismissed as time-barred. (Doc. 5). Ellison responded to the Court's order, although it appears he was operating under the mistaken beliefthat Findings and Recommendations had already issued recommending dismissal of Ellison's petition. See generally(Doc. 6). No such recommendation has been made. I. New 28 U.S.C.§2254 Petition/Motion to Amend On January 12, 2018,Ellison, along with eleven other pro se prisoners, filed what has been characterized as an "en masse petition for writ of habeas corpus- 28 use §2254 as per Rule 23 ofthe Federal Rules of Civil Procedure," seeking to challenge the constitutionality ofthe criminal charging process utilized by the State 1

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