Brown v. Salmonson

Filing 6

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 5 in full. COA DENIED. Signed by Judge Brian Morris on 7/24/2018. Mailed to Brown (TAG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION

ALEIA BROWN,

CV-18-20-BU-BMM-JCL

Petitioner,
vs.
ORDER
JAMES SALMONSON,
Respondent.

United States Magistrate Judge Jeremiah C. Lynch entered his Order and
Findings and Recommendations in this case on April 19, 2018, recommending
dismissal of Petitioner Aleia Brown’s petition for writ of habeas corpus under 28
U.S.C. § 2254. (Doc. 5.) Neither party filed objections. When a party makes no
objections, the Court need not review de novo the proposed Findings and
Recommendations. Thomas v. Arn, 474 U.S. 140, 149-52 (1986). This Court will
review Judge Lynch’s Findings and Recommendations, however, for clear error.
McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313
(9th Cir. 1981).
Judge Lynch found, and this Court agrees, that this matter should be
dismissed because Brown has not filed an individual petition for habeas corpus
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relief as directed. Brown is precluded from filing his request for habeas relief en
masse with other petitioners. Thus, his petition will be dismissed without
prejudice.
The Court has reviewed Judge Lynch’s Findings and Recommendations for
clear error. The Court finds no error in Judge Lynch’s Findings and
Recommendations, and adopts them in full.
IT IS ORDERED that Judge Lynch’s Findings and Recommendations
(Doc. 5), are ADOPTED IN FULL.
IT IS ORDERED that Brown’s Petition (Doc. 2) is DISMISSED
WITHOUT PREJUDICE.
IT IS ORDERED that the Clerk of Court shall enter a judgment of
dismissal.
IT IS FURTHER ORDERED that a certificate of appealability is
DENIED.
DATED this 24th day of July, 2018.

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