Trotter v. Fletcher

Filing 20

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 15 in full. A certificate of appealability is DENIED. Signed by Judge Brian Morris on 7/23/2018. Mailed to Trotter (TAG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION

JOHN DAVID TROTTER,

CV-18-14-H-BMM-JTJ

Petitioner,
vs.
ORDER
MICHAEL FLETCHER,
Respondent.

United States Magistrate Judge John T. Johnston entered his Amended
Findings and Recommendations in this case on April 18, 2018, recommending
dismissal of Petitioner John Trotter’s petition for writ of habeas corpus under 28
U.S.C. § 2254. (Doc. 15.) Neither party filed objections. 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 found, and this Court agrees, that this matter should be
dismissed because Trotter has not filed an individual petition for habeas corpus
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relief as directed. Trotter is precluded from filing his request for habeas relief en
masse with other petitioners. Thus, his petition will be dismissed without
prejudice.
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. 15), are ADOPTED IN FULL.
IT IS ORDERED that Trotter’s Petition (Doc. 1) is DISMISSED
WITHOUT PREJUDICE.
IT IS ORDERED that the Clerk of Court shall enter a judgment of
dismissal.
IT IS FURTHER ORDERED that a certificate of appealability is
DENIED.
DATED this 23rd day of July, 2018.

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