Lajeunesse v. Attorney General of the State of Montana
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 4 in full. A certificate of appealability is DENIED. Signed by Judge Brian Morris on 10/19/2017. Mailed to Lajeunesse (TAG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
OCT 1 9 2017
Clerk. u.s District Court
District Of Montana
ORDER ADOPTING FINDINGS AND
ATTORNEY GEJ\lERAL STATE OF
Petitioner Duane Lajeunesse filed a petition seeking a writ of habeas corpus
pursuant to 28 U.S.C. § 2254 on September 26, 2017. (Doc. 1.) Mr. Lajeunesse
alleges that he was held at the Lewis and Clark County Jail unlawfully because
there was an unresolved bond holding him past the appropriate date. ld. at 4. Mr.
Lajeunesse further alleges that his rights to due process were violated because he
was never booked into jail on the probation revocation warrant from Custer
County.ld. at 5. Finally, Mr. L'ljeunesse alleges an illegal search from his
probation officer. ld. at 6.
United States Magistrate Judge John Johnston entered Findings and
Recommendations in this matter on September 28,2017. (Doc. 4.) Neither party
When a party makes no objections, the Court need not review de novo the
proposed Findings and Recommendations. Thomas v. Arn, 474 U.S. 140, 149-52
(1986). This Court will review Judge Johnston's Findings and Recommendations,
however, for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach.,
Inc., 656 F.2d 1309,1313 (9th Cir. 1981).
Judge Johnston determined that Mr. Lajeunesse's petition is premature in
federal court because he has not exhausted his remedies in the state court system.
(Doc. 4 at 3.) Federal courts may not grant a writ of habeas corpus brought by an
individual in custody pursuant to a state court judgment unless "the applicant has
exhausted the remedies available in the courts of the State." 28 U.S.C. §
2254(b)(1)(A). Mr. Lajeunesse's criminal case and revocation have been resolved,
but he has not presented any of the claims he advances in the petition to the state
courts. (Doc. 4 at 4.) Accordingly, there are still remedies available to Mr.
Lajeunesse under state law, including extraordinary, direct, and collateral review.
Consequently, Judge Johnston recommends that the Court dismiss this
matter without prejudice. Mr. Lajeunesse may return to this Court after he fully
exhausts the claims relative to his current custody in the state courts.ld. at 5. Judge
Johnston, further, recommends that a certificate of appealability be denied because
there is no reason to encourage further proceedings in this Court.ld. 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. 4), are ADOPTED IN FULL.
IT IS ORDERED that this matter be dismissed without prejudice as
unexhausted. The Clerk of Court shall enter, by separate document, a judgment in
favor of Respondent and against Petitioner.
IT IS FURTHER ORDERED that a certificate of appealability is
DATED this 19th day of October, 2017.
United States District Court Judge
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