Parry v. Salmonson

Filing 8

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 6 in full. COA DENIED. Signed by Judge Brian Morris on 7/23/2018. Mailed to Parry (TAG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION

WILLIAM HOUSTON PARRY,

CV-18-21-GF-BMM-JTJ

Petitioner,
vs.
ORDER
JAMES SALMONSON,
Respondent.

United States Magistrate Judge John T. Johnston entered his Amended Order
and Findings and Recommendations (Doc. 6) in this case on April 18, 2018,
recommending dismissal of Petitioner William Houston Parry’s (“Parry”) petition
for writ of habeas corpus under 28 U.S.C. § 2254. Parry timely filed an objection
on May 3, 2018. (Doc. 7.) Consequently, Parry is entitled to de novo review of
those findings and recommendations to which he has specifically objected. 28
U.S.C. § 636(b)(1)(C). Absent objection, this Court reviews findings and
recommendations for clear error. United States v. Reyna-Tapia, 328 F.3d 1114,
1121 (9th Cir. 2003) (en banc); Thomas v. Arn, 474 U.S. 140, 149 (1985). Clear
error exists if the Court is left with a “definite and firm conviction that a mistake
has been committed.” United States v. Syrax, 235 F.3d 422, 427 (9th Cir. 2000)
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(citations omitted). “A party makes a proper objection by identifying the parts of
the magistrate’s disposition that the party finds objectionable and presenting legal
argument and supporting authority, such that the district court is able to identify
the issues and the reasons supporting a contrary result.” Montana Shooting Sports
Ass’n v. Holder, 2010 WL 4102940, at *2 (D. Mont. Oct. 18, 2010) (citation
omitted).
Judge Johnston found, and this Court agrees, that this matter should be
dismissed because Parry has not filed an individual petition for habeas corpus
relief as directed. Parry is precluded from filing his request for habeas relief en
masse with other petitioners. Parry’s objection is entirely untethered to Judge
Johnston’s Findings and Recommendations and merely rehashes the grievances
aired in his petition and supplement. Thus, this Court reviews the record for clear
error. L.R. 72.3(a); see also McDonnell Douglas Corp. v. Commodore Bus. Mach.,
Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). Finding none,
IT IS ORDERED that Judge Johnston’s Findings and Recommendations
(Doc. 6) are ADOPTED IN FULL. Parry’s Petition (Doc. 2) is DISMISSED
WITHOUT PREJUDICE.
IT IS FURTHER ORDERED that the Clerk of Court is directed to enter a
judgment of dismissal.
IT IS FURTHER ORDERED that a certificate of appealability is DENIED.

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DATED this 23rd day of July, 2018.

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