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)

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