Ramming v. Salmonson
Filing
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ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 7 in full. COA DENIED. Signed by Judge Brian Morris on 7/25/2018. Mailed to Ramming (TAG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
JOSEPH RAMMING,
CV-18-43-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 Joseph Ramming’s (“Ramming”) petition
for writ of habeas corpus under 28 U.S.C. § 2254. Ramming 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 Ramming has not filed an individual petition for habeas corpus
relief as directed. Ramming 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. 7) are ADOPTED IN FULL. Ramming’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 25th day of July, 2018.
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