McVey v. Montana Women's Prison

Filing 4

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS for 3 Findings and Recommendations. Laci McVey's petition for writ of habeas corpus (Doc. 1) is DISMISSED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that the Clerk of Court is directed to enter by separate document a judgment of dismissal. IT IS FURTHER ORDERED that a certificate of appealability is DENIED. Signed by Judge Donald W. Molloy on 11/15/2013. (APP, ) Copy mailed to McVey.

FILED

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

LACI CONWAY McVEY,

NOV 15 2013
Clelk, u.s. District Court
District Of Montana
Missoula

CV 13-175-M-DWM-JCL

Petitioner,
ORDER

vs.
MONTANA WOMEN'S PRISON,
Respondent.

Laci McVey is a state prisoner proceeding pro se. On August 19,2013, this
Court received a letter from McVey containing allegations that might be construed
as claims for relief. The letter was filed as writ of habeas corpus under 28 U.S.C.
§ 2254. McVey was ordered to clarify whether she intended to proceed in federal
court with a habeas petition on or before September 13,2013. She did not
respond. Magistrate Judge Jeremiah Lynch recommends dismissing the petition
without prejudice. (Doc. 3.)
McVey has not filed objections to Judge Lynch's Findings and
Recommendation. The Court reviews the findings and recommendations that are

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not specifically objected to for clear error. McDonnell Douglas Corp. v.

Commodore Bus. Mach., Inc., 656 F.2d 1309,1313 (9th Cir. 1981). The Court
fmds no clear error with Judge Lynch's detennination that McVey does not wish
to proceed at this time.
IT IS ORDERED that the Findings and Recommendation (Doc. 3) is
ADOPTED IN FULL. Laci McVey's petition for writ ofhabeas corpus (Doc. 1) is
DISMISSED WITHOUT PREJUDICE.
IT IS FURTHER ORDERED that the Clerk of Court is directed to enter by
separate document a judgment of dismissal.
IT IS FURTHER ORDERED that a certificate of appealability is DENIED .

......v

Dated this ~ day of November, 2013.

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