Manning v. Salmonson
Filing
8
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 7 in full. COA DENIED. Signed by Judge Brian Morris on 7/24/2018. Mailed to Manning (TAG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
DONALD LEROY MANNING,
CV-18-22-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. 7) in this case on April 18, 2018,
recommending dismissal of Petitioner Donald Leroy Manning’s (“Manning”)
petition for writ of habeas corpus under 28 U.S.C. § 2254. Manning has failed to
timely object to the findings and recommendations, and has waived the right to de
novo review of the record. 28 U.S.C. § 636(b)(1). The Court will therefore review
the record for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach.,
Inc., 656 F.2d 1309, 1313 (9th Cir. 1981).
Judge Johnston found, and this Court agrees, that this matter should be
dismissed because Manning has not filed an individual petition for habeas corpus
relief as directed. Manning is precluded from filing his request for habeas relief en
1
masse with other petitioners. Thus, his petition will be dismissed without
prejudice.
IT IS ORDERED that Judge Johnston’s Findings and Recommendations
(Doc. 7) are ADOPTED IN FULL. Manning’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.
DATED this 24th day of July, 2018.
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?