Sampson v. Salmonson

Filing 6

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 5 in full. COA DENIED. Signed by Judge Dana L. Christensen on 7/12/2018. Mailed to Sampson (TAG)

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

THEODORE SAMPSON,
CV 18-51-M-DLC-JCL
Petitioner,
vs.

ORDER

JAMES SALMONSON,
Defendant.
United States Magistrate Judge Jeremiah C. Lynch entered his Order and
Findings and Recommendations (Doc. 5) in this case on April 19, 2018,
recommending dismissal of Petitioner Theodore Sampson's ("Sampson") petition
for writ of habeas corpus under 28 U.S.C. § 2254. By failing to timely object to
the Findings and Recommendations, Sampson waived the right to de novo review
of the record. 28 U.S.C. § 636(b)(l). 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 Sampson has not filed an individual petition for habeas corpus
relief as directed. Sampson is precluded from filing his request for habeas relief en

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masse with other petitioners. Thus, his petition will be dismissed without
prejudice.
Accordingly, IT IS ORDERED that Judge Lynch's Findings and
Recommendations (Doc. 5) are ADOPTED IN FULL. Sampson'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.
DATED this

t2.~ay of July, 2018.

Dana L. Christensen, Chief Judge
United States District Court

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