Mallak v. Attorney General of the State of Montana et al
| Sabah Mallak |
| Attorney General of the State of Montana and Mike Mahoney |
| 1:2007cv00053 |
| April 11, 2007 |
| US District Court for the District of Montana |
| Billings Office |
| YELLOWSTONE |
| Richard F. Cebull |
| Carolyn S. Ostby |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing
56
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 52 in full. Mallak's petition 1 , 6 is DENIED with respect to the burglary conviction, but GRANTED with respect to the witness tampering conviction. The judgment entered in Yellowstone County Caus e No. DC-56-200930 on November 23, 2001, is VACATED as to witness tampering only. The State of Montana may renew proceedings on that charge within sixty (60) days from the date of this Order. If the proceedings are not timely renewed, the State must permanently release Mallak from custody and collateral consequences that are based on his vacated conviction for witness tampering. Mallak is DENIED a certificate of appealability as to the burglary conviction. Signed by Judge Richard F. Cebull on 3/26/2010. (TAG, )
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Filing
52
FINDINGS AND RECOMMENDATIONS re 1 , 6 Petition for Writ of Habeas Corpus, filed by Sabah Mallak. Mallak's petition should be DENIED with respect to the burglary conviction and GRANTED with respect to the witness tampering conviction. The Dist rict Court should issue an Order Conditionally Granting Writ stating that the judgment entered in Yellowstone County Cause No.DC-56-200-930 on November 23, 2001, is VACATED as to witness tampering. The State should be permitted to renew proceedings o n that charge within sixty days from the date of the Federal District Court's Order. A certificate of appealability should be DENIED as to the burglary conviction. The Clerk of Court should be directed to enter judgment by separate document in favor of the State and against Mallak as to the burglary conviction and in favor of Mallak and against the State as to the witness tampering conviction. Objections to F&R due by 2/22/2010. Signed by Magistrate Carolyn S Ostby on 2/5/2010. (TAG, )
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