Silversky v. Law et al
| Jonathon Silversky |
| Sam Law and Attorney General of the State of Montana |
| 1:2010cv00012 |
| February 3, 2010 |
| US District Court for the District of Montana |
| Billings Office |
| FALLON |
| 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
8
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 6 in full. Claims 2, 4, 5, and 6 are DISMISSED for lack of jurisdiction because they are unauthorized successive claims under 28 U.S.C. § 2244(b); Claims 1,3, 7, and 8 are DENIED on the merits; the C lerk of Court is directed to enter judgment of dismissal on Claims 2,4,5, and 6, and a judgment in favor of Respondents and against Petitioner on Claims 1,3, 7, and 8. A certificate of appealability is DENIED. Signed by Judge Richard F. Cebull on 3/22/2010. Copy mailed to Silversky. (TAG, )
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Filing
6
ORDER AND FINDINGS AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus, 3 MOTION for Leave to Proceed in forma pauperis, and 4 MOTION to Appoint Counsel filed by Jonathon Silversky. Silversky's motion to proceed in forma pauperis i s GRANTED. His motion to appoint counsel is DENIED. Claims 2, 4, 5, and 6 should be DISMISSED for lack of jurisdiction; Claims 1, 3, 7, and 8 should be DENIED on the merits; and the Clerk of Court should be directed to enter judgment of dismissal of Claims 2, 4, 5, and 6, and a judgment in favor of Respondents and against Silversky on Claims 1, 3, 7, and 8. Objections to F&R due by 2/26/2010. Signed by Magistrate Carolyn S Ostby on 2/9/2010. Copy mailed to Silversky. (TAG, )
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