Ronemus v. Law

Filing 2

ORDER DISMISSING CASE. Ronemus's motion for a continuance 1 is DENIED. The petition is DISMISSED WITHOUT PREJUDICE. A certificate ofappealability is DENIED. Signed by Judge Donald W. Molloy on 5/25/2010. Mailed to Ronemus along with Habeas form (TAG, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION ______________________________ DAVID RONEMUS, ) Cause No. CV 10-54-M-DWM ) Petitioner, ) ) vs. ) ORDER OF DISMISSAL ) WARDEN LAW, Corrections ) Corp. of America, ) ) Respondent. ) ______________________________ On May 18, 2010, David Ronemus filed a "motion for continuance." He is a state prisoner proceeding pro se. Ronemus asks for a 120-day extension of time to "respond to Case No. OP 08-0596." That is a Montana Supreme Court case number. The only way a litigant could "respond" in this Court to a ruling by the Montana Supreme Court is by filing a petition for writ of habeas corpus. E.g., Gruntz v. County of Los Angeles (In re Gruntz), 202 F.3d 1074, 1079 (9th Cir. 2000) (en banc). Habeas petitions are subject to a one-year statute of limitations. 28 U.S.C. 2244(d). A statutory limitations period cannot be prospectively extended. Cf. Bowles v. Russell, 551 U.S. 205, 206-07 (2007). ORDER OF DISMISSAL / PAGE 1 Ronemus does not state any claims for relief. His motion was docketed as a petition because that is the only way his motion could be addressed. The motion having been denied, nothing else remains to be decided. The petition is dismissed. A certificate of appealability is not warranted because there are no claims before the Court. 28 U.S.C. 2253(c). Dismissal of this case will not affect Ronemus's ability to file a habeas petition at a later date. Slack v. McDaniel, 529 U.S. 473, 485-86 (2000). Accordingly, IT IS HEREBY ORDERED as follows: 1. Ronemus's motion for a continuance (doc. 1) is DENIED. 2. The petition is DISMISSED WITHOUT PREJUDICE. A certificate of appealability is DENIED. The Clerk of Court shall enter by separate document a judgment of dismissal without prejudice. No amended petitions and no motions for reconsideration or post-judgment relief will be accepted in this closed case. 3. The Clerk of Court shall include the Court's standard form for habeas petitions under 28 U.S.C. 2254 with Ronemus's service copy of this Order. DATED this 25th day of May, 2010. /s/ Donald W. Molloy Donald W. Molloy United States District Judge ORDER OF DISMISSAL / PAGE 2

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