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, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA HELENA DIVISION ~">"•' 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 -1- separate document, a judgment ofDISMISSAL. ',-;/ IT IS FURTHER ORDERED that a certificate of appealability is DENIED. DATED this ~ l 5' day of September, 2 16. Dana L. Christensen, Chief Ju ge United States District Court -2-

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