Damon v. Fletcher
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 6 in full. A certificate of appealability is DENIED. Signed by Judge Brian Morris on 3/13/2018. Mailed to Damon (TAG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
ORDER ADOPTING MAGISTRATE
JUDGE’S FINDINGS AND
Petitioner John Damon filed a Writ of Habeas Corpus pursuant to 28 U.S.C.
§ 2254 on January 16, 2018. (Doc. 1.) United States Magistrate Judge John
Johnston issued an Order and Findings and Recommendations in this matter on
February 12, 2018. (Doc. 6.)
Judge Johnston recommended that the Court dismiss Damon’s petition for
failure to exhaust his state remedies and lack of a cognizable federal claim. (Doc. 6
at 3-4.) Judge Johnston found that Damon had failed entirely to present the facts
and federal legal theory to any state court as required by statute before filing of a
federal writ of habeas corpus. (Doc. 6 at 3.) Judge Johnston found additionally that
Damon’s claim—that he had not yet received an expected change in his
classification from “Department of Corrections Inmate” to “Montana State Prison
Inmate”—failed to implicate any federal right or protected liberty interest. (Doc. 6
No party has filed objections. The Court has reviewed Judge Johnston’s
Findings and Recommendations for clear error. McDonnell Douglas Corp. v.
Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). The Court
finds no error in Judge Johnston’s Findings and Recommendations, and adopts
them in full.
Accordingly, IT IS ORDERED that Magistrate Judge Johnston’s Findings
and Recommendations (Doc. 6) is ADOPTED IN FULL.
Damon’s Petition (Doc. 1) is DISMISSED as unexhausted and lacking in
The Clerk of Court is directed to enter, by separate document, a judgement
in favor of Respondents and against Petitioner.
A certificate of appealability is DENIED.
DATED this 13th day of March, 2018.
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