Griffith v. State of Montana et al

Filing 9

ORDER DISMISSING CASE. COA denied. Signed by Judge Donald W. Molloy on 3/27/2024. Mailed to Griffith (TAG)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION CV-23-143-M-DWM BRANDON GRIFFITH, Petitioner, ORDER vs. STATE OF MONTANA AND ATTORNEY GENERAL OF THE STATE OF MONTANA, Respondents. Plaintiff Brandon Griffith, proceeding without counsel, filed a Petition for a Writ of Habeas Corpus. (Doc. 1) Before the State is required to respond, the Court must determine whether "it plainly appears from the petition and any attached exhibits that the prisoner is not entitled to relief." Rule 4(b), Rules Governing § 2254 Cases in the United States District Courts. A petitioner "who is able to state facts showing a real possibility of constitutional error should survive Rule 4 review." Calderon v. United States Dist. Court, 98 F.3d 1102, 1109 (9th Cir. 1996) ("Nicolas") (Schroeder, C.J., concurring) (referring to Rules Governing § 2254 Cases). But the Court should "eliminate the burden that would be placed on the respondent by ordering an unnecessary answer." Advisory Committee Note (1976), Rule 4, § 2254 Rules. 1

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