Weller v. State of Montana

Filing 3

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 2 in full. Motion for Extension of Time 1 DENIED. Case DISMISSED without prejudice. Certificate of appealability DENIED. Signed by Judge Dana L. Christensen on 9/15/2016. Mailed to Weller. (TAG, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION
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SHAWN HOWARD WELLER,
Petitioner,
ORDER
vs.
STATE OF MONTANA,
Respondent.

This case comes before the Court on Petitioner Shawn Howard Weller's
("Well er") Motion for Extension of Time to file his petition for a writ of habeas
corpus under 28 U.S.C. § 2254. The Court adopts Magistrate Judge John T.
Johnston's Findings and Recommendations to dismiss this case without prejudice
and open a new case once Weller files his habeas petition. Weller has since filed
his petition and this Court opened a new case under CV 16-65-H-DLC-JTJ.
Accordingly, IT IS ORDERED that Judge Johnston's Findings and
Recommendations (Doc. 2) are ADOPTED IN FULL. Weller's Motion for
Extension of Time (Doc. 1) is DENIED and this case is DISMISSED without
prejudice.
IT IS FURTHER ORDERED that the Clerk of Court is directed to enter, by
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separate document, a judgment ofDISMISSAL.
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IT IS FURTHER ORDERED that a certificate of appealability is DENIED.
DATED this

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l 5' day of September, 2 16.

Dana L. Christensen, Chief Ju ge
United States District Court

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