Severson v. Salmonson

Filing 7

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 5 in full. A certificate of appealability is DENIED. Signed by Judge Brian Morris on 7/23/2018. Mailed to Severson (TAG)

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

DANNY SEVERSON,

CV-18-50-GF-BMM-JTJ

Petitioner,
vs.
ORDER
JAMES SALMONSON,
Respondent.

United States Magistrate Judge John T. Johnston entered his Order and
Findings and Recommendations on April 20, 2018, recommending dismissal of
Petitioner Danny Severson’s petition for writ of habeas corpus under 28 U.S.C. §
2254. (Doc. 5.) Severson timely filed an objection on April 30, 2018. (Doc. 6.)
The Court reviews de novo findings and recommendations to which
objections are made. 28 U.S.C. § 636(b)(1)(C). Portions of findings and
recommendations to which no party specifically objects are reviewed for clear
error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309,
1313 (9th Cir. 1981). 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
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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. 2010) (citations omitted).
Judge Johnston determined, and this Court agrees, that this matter should be
dismissed because Severson has not filed an individual petition for habeas corpus
relief as directed. Severson is precluded from filing his request for habeas relief en
masse with other petitioners. Severson’s objection does not relate to Judge
Johnston’s Findings and Recommendations and merely rehashes the grievances
aired in his petition and supplement. As a result, this Court reviews the record for
clear error. L.R. 72.3(a).
The Court has reviewed Judge Johnston’s Findings and Recommendations
for clear error. The Court finds no error in Judge Johnston’s Findings and
Recommendations, and adopts them in full.
IT IS ORDERED that Judge Johnston’s Findings and Recommendations
(Doc. 5), are ADOPTED IN FULL.
IT IS ORDERED that Severson’s Petition (Doc. 2) is DISMISSED
WITHOUT PREJUDICE.

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IT IS ORDERED that the Clerk of Court shall enter a judgement of
dismissal.
IT IS FURTHER ORDERED that a certificate of appealability is
DENIED.
DATED this 23rd day of July, 2018.

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