Opinion
2:23-CV-57-TL-DWC
01-30-2023
JOHN ROBERT DEMOS, JR., Petitioner, v. ROBERT M. JACKSON, Respondent.
Noting Date: February 17, 2023
REPORT AND RECOMMENDATION
David W. Christel, United States Magistrate Judge
Petitioner John Robert Demos, Jr. has filed a proposed 28 U.S.C. § 2254 habeas petition. Dkt. 1. Mr. Demos' petition appears to assert that he was prosecuted for a felony under an information, not a gand jury indictment, with regard to a 1978 conviction making his conviction constitutionally infirm. Id. However, Mr. Demos did not submit with his materials the requisite filing fee for this action. An Order of this Court provides for the return without filing of any petition by Mr. Demos that seeks an extraordinary writ pursuant to 28 U.S.C. §§ 1651, 2253, or 2254, unless accompanied by the filing fee. See Demos v. Stanley, MC97-0031-JLW (W.D. Wash. Mar. 13, 1997).
As Mr. Demos has not submitted a filing fee, the Court recommends that, pursuant to the Court's Order of March 13, 1997, the Clerk be DIRECTED to administratively close this matter.
Pursuant to 28 U.S.C. § 636(b)(1) and Fed.R.Civ.P. 72(b), the parties shall have fourteen (14) days from service of this report to file written objections. See also Fed.R.Civ.P. 6. Failure to file objections will result in a waiver of those objections for purposes of de novo review by the district judge, see 28 U.S.C. § 636(b)(1)(C), and can result in a waiver of those objections for purposes of appeal. See Thomas v. Arn, 474 U.S. 140, 142 (1985); Miranda v. Anchondo, 684 F.3d 844, 848 (9th Cir. 2012) (citations omitted). Accommodating the time limit imposed by Fed.R.Civ.P. 72(b), the Clerk is directed to set the matter for consideration on February 17, 2023, as noted in the caption.