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Currie v. Haynes

United States District Court, Western District of Washington
Jun 13, 2023
C22-5823 BHS (W.D. Wash. Jun. 13, 2023)

Opinion

C22-5823 BHS

06-13-2023

LEON DENARD CURRIE, Petitioner, v. RONALD HAYNES, Respondent.


ORDER

BENJAMIN H. SETTLE UNITED STATES DISTRICT JUDGE

THIS MATTER is before the Court on Magistrate Judge Theresa L. Fricke's Report and Recommendation (R&R), Dkt. 13, recommending the Court grant Respondent's motion to dismiss Petitioner Leon Currie's third 28 U.S.C. § 2254 petition for failure to seek leave from the Ninth Circuit before filing a second or successive habeas petition. Such leave is required under 28 U.S.C. § 2244(b)(2)(A). Dkt. 13 at 2.

Currie objects. He concedes his prior two efforts to obtain habeas relief (related to a 1995 state court homicide conviction) were dismissed, but he asserts that this is not a second or successive petition because no court ever reached the merits of his prior attempts. Dkt. 14.

The Court does not agree, and Currie has offered no authority to support his claim. The R&R is ADOPTED, the Motion to Dismiss for lack of subject matter jurisdiction is GRANTED.

The Clerk shall enter a JUDGMENT and close the case.

IT IS SO ORDERED.


Summaries of

Currie v. Haynes

United States District Court, Western District of Washington
Jun 13, 2023
C22-5823 BHS (W.D. Wash. Jun. 13, 2023)
Case details for

Currie v. Haynes

Case Details

Full title:LEON DENARD CURRIE, Petitioner, v. RONALD HAYNES, Respondent.

Court:United States District Court, Western District of Washington

Date published: Jun 13, 2023

Citations

C22-5823 BHS (W.D. Wash. Jun. 13, 2023)