Champagne v. Salmonson
Filing
6
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 5 in full. COA DENIED. Signed by Judge Brian Morris on 7/24/2018. Mailed to Champagne (TAG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION
RONALD CHAMPAGNE,
CV-18-47-H-BMM-JTJ
Petitioner,
vs.
ORDER
JAMES SALMONSON,
Respondent.
United States Magistrate Judge John T. Johnston entered his Order and
Findings and Recommendations in this case on May 8, 2018, recommending
dismissal of Petitioner Ronald Champagne’s petition for writ of habeas corpus
under 28 U.S.C. § 2254. (Doc. 5.) 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 Champagne has not filed an individual petition for habeas
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corpus relief as directed. Champagne 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. 5), are ADOPTED IN FULL.
IT IS ORDERED that Champagne’s Petition (Doc. 2) 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 24th day of July, 2018.
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