Opinion
No. 90579–7.
10-09-2014
Ralph Howard BLAKELY, Appellant, v. Patrick GLEBE, Respondent.
ORDER
¶ 1 Ralph Howard Blakely filed a motion in this Court for an expenditure of public funds to enable him to appeal a superior court order dismissing his petition for a writ of habeas corpus as an untimely collateral attack under RCW 10.73.090. Department I of the Court, composed of Chief Justice Madsen and Justices C. Johnson, Fairhurst, Wiggins, and Gordon McCloud (Justice Gordon McCloud recused and Justice Gonzalez sat for Justice Gordon McCloud), considered this matter at its October 7, 2014, Motion Calendar, and unanimously agreed that the superior court should have transferred the petition for a writ of habeas corpus to the Court of Appeals for treatment as a personal restraint petition pursuant to CrR 7.8(c)(2) and Toliver v. Olsen, 109 Wash.2d 607, 746 P.2d 809 (1987), that the notice of appeal (along with the underlying petition for a writ of habeas corpus) should therefore be transferred to this Court for treatment as a personal restraint petition, and that the personal restraint petition should be dismissed as untimely and lacking merit. Accordingly,
¶ 2 IT IS HEREBY ORDERED:
¶ 3 (1) That the motion for expenditure of public funds is denied;
¶ 4 (2) That the notice of appeal (along with the underlying petition for a writ of habeas corpus) is transferred to this Court for treatment as a personal restraint petition; and¶ 5 (3) That the personal restraint petition is dismissed as untimely and lacking merit.