Sliwinski v. Salmonsen

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

HELENA DIVISION

THOMAS EMIL SLIWINSKI, Cause No. CV 21-38-H-SEH Petitioner, vs. ORDER JIM SALMONSEN; ATTORNEY

GENERAL OF THE STATE OF

MONTANA,

Respondents.

On May 17, 2021, pro se state prisoner Petitioner Thomas Emil Sliwinski filed a petition seeking a writ of habeas corpus under 28 U.S.C. § 2254.! Sliwinski was convicted in state court of Bail Jumping in 2017 and received a 40-year sentence.” He challenged the 2017 judgment before this Court in 2019. The petition was dismissed with prejudice in 2020 as procedurally defaulted. This Court is without jurisdiction to provide the relief sought. This Court may not review Sliwinski’s present petition unless and until he obtains leave from ' See Doc. 1 at 8. See also Houston v. Lack, 487 U.S. 266 (1988). * Doe. 1 at 2-3.

3 See Sliwinski v. Guyer, Cause No. CV-19-80-H-DLC, Or. (D. Mont. Dec. 17, 2020). the Ninth Circuit Court of Appeals to file a second or successive petition. The petition is dismissed.

A certificate of appealability is denied. No basis exists to encourage further proceedings.’

ORDERED:

1. The Petition? is DISMISSED.

2. The Clerk of Court is directed to enter judgment of dismissal. 3. Acertificate of appealability is DENIED.

DATED this auth of May, 2021. am E. Haddon

United States District Court Judge See Miller-El v. Cockrell, 537 U.S. 322, 327 (2003); see also Slack v. McDaniel, 529 U.S. 473, 484 (2000). 1,