Bruinsma v. Salmonson

Filing 8

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 7 in full. COA DENIED. Signed by Judge Dana L. Christensen on 7/12/2018. Mailed to Bruinsma (TAG)

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

PHILLIP BRUINSMA,
CV 18-11-M-DLC-JCL
Petitioner,
vs.

ORDER

JAMES SALMONSON,
Defendant.
United States Magistrate Judge Jeremiah C. Lynch entered his Amended
Order and Findings and Recommendations (Doc. 7) in this case on April 17, 2018,
recommending dismissal of Petitioner Phillip Bruinsma's ("Bruinsma") petition for
writ of habeas corpus under 28 U.S.C. § 2254. By failing to timely object to the
Findings and Recommendations, Bruinsma waived the right to de novo review of
the record. 28 U.S.C. § 636(b )(1 ). The Court will therefore review the record for
clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d
1309, 1313 (9th Cir. 1981).
Judge Lynch found, and this Court agrees, that that this matter should be
dismissed because Bruinsma has not filed an individual petition for habeas corpus
relief as directed. Bruinsma is precluded from filing his request for habeas relief

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en masse with other petitioners. Thus, his petition will be dismissed without
prejudice.
Accordingly, IT IS ORDERED that Judge Lynch's Findings and
Recommendations (Doc. 7) are ADOPTED IN FULL. Bruinsma's Petition (Doc.
2) is DISMISSED WITHOUT PREJUDICE.
IT IS FURTHER ORDERED that the Clerk of Court is directed to enter a
judgment of dismissal.
IT IS FURTHER ORDERED that a certificate of appealability is DENIED.

~ay of July, 2018.

DATED this \ 2.

Dana L. Christensen, Chief Judge
United States District Court

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