Smaage v. Salmonsen

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA HELENA DIVISION SHAWN KEVIN SMAAGE, Cause No. CV 22-78-H-SEH Petitioner, vs. ORDER JIM SALMONSEN; ATTORNEY GENERAL OF THE STATE OF MONTANA, Respondents.

This case was dismissed on October 21, 2022.' On the same day, Petitioner Smaage filed a notice that he had applied for sentence review on October 10, 2022.” The federal limitations period for sentence review expired long before then.’ A certificate of appealability is denied.‘ ORDERED: 1. Smaage’s notice of October 21, 2022,> construed as an addition to his

' Doc. 7. 2 Smaage did not mention this fact in his October 19 response to the Order to Show Cause (Doc. 4). See Doc. 6 at 1-27; Doc. 6-1 at 1-2. 3 Does. 4 at 3-5, 7 at 1-3. 428 U.S.C. § 2253(c)(2); Rule 11, Rules Governing § 2254 Cases; Gonzalez v. Thaler, 565 U.S. 134, 140-41 (2012) (quoting Slack v. McDaniel, 529 U.S. 473, 484 (2000)). > Doc. 9.

response of October 21, 2022,° is DENIED. 2. The petition’ remains DISMISSED WITH PREJUDICE. 3. The clerk shall re-enter judgment by separate document in favor of Respondent and against Petitioner. 4. A certificate of appealability is DENIED. DATED this 27th day of October, 2022.

‘ {4 E. Haddon \ United States District Court

® Doc. 6. Doce. 1.