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, )

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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

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