Azure v. Salmonson
Filing
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ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 6 in full. COA DENIED. Signed by Judge Brian Morris on 7/24/2018. Mailed to Azure (TAG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
DAVID AZURE,
CV-18-41-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 David Azure’s (“Azure”) petition for writ of
habeas corpus under 28 U.S.C. § 2254. Azure 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 Azure has not filed an individual petition for habeas corpus
relief as directed. Azure is precluded from filing his request for habeas relief en
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masse with other petitioners. Thus, his petition will be dismissed without
prejudice.
IT IS ORDERED that Judge Johnston’s Findings and Recommendations
(Doc. 6) are ADOPTED IN FULL. Azure’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.
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