Lewis v. Salmonson
Filing
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ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 7 in full. COA DENIED. Signed by Judge Brian Morris on 7/23/2018. Mailed to Lewis (TAG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
TIMOTHY LEWIS,
CV-18-25-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 Timothy Lewis’s (“Lewis”) petition for writ
of habeas corpus under 28 U.S.C. § 2254. Lewis timely filed an objection on May
3, 2018. (Doc. 8.) Consequently, Lewis is entitled to de novo review of those
findings and recommendations to which he has specifically objected. 28 U.S.C. §
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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) (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 Lewis has not filed an individual petition for habeas corpus
relief as directed. Lewis is precluded from filing his request for habeas relief en
masse with other petitioners. Lewis’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,
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IT IS ORDERED that Judge Johnston’s Findings and Recommendations
(Doc. 7) are ADOPTED IN FULL. Lewis’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 23rd day of July, 2018.
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