Godfrey v. Kirkegard

Filing 2

ORDER DISMISSING 1 PETITION AND DENYING CERTIFICATE OF APPEALABILITY. Signed by Judge Dana L. Christensen on 6/20/2014. Mailed to Godfrey. (TAG, )

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

MISSOULA DIVISION

TRACEY R. GODFREY,

Cause No. CV 14-190-M-DLC

Petitioner,
vs.
LEROY KIRKEGARD; ATTORNEY
GENERAL OF THE STATE OF
MONTANA,

ORDER DISMISSING PETITION
AND DENYING CERTIFICATE OF
APPE

FILED
JUN 20 2014

Respondents.

Clerk, u.s District Court

District Of Montana

Missoula

On January 27,2014, Petitioner Tracey Godfrey filed this action under 28

U.S.C. § 2254. Godfrey, a state prisoner proceeding pro se, has already been
advised that he may not file in this Court another habeas petition challenging his
sentence for sexual assault unless and until he obtains leave from the Ninth Circuit
Court of Appeals. Order (Doc. 7) at 2-3 & n.1, Godfrey v. Kirkegard, No. CV 14­
164-M (D. Mont. judgment entered June 12,2014).
Accordingly, IT IS HEREBY ORDERED that the Petition (Doc. 1) is
DISMISSED for lack ofjurisdiction. The Clerk of Court shall enter by separate
document a judgment of dismissal. A ce i lcate of appealability is DENIED.

~

DATED June 7J.) ,2014.

Dana L. Christensen, Chief Ju ge
United States District Court