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Demos v. Washington

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA
Oct 18, 2018
CASE NO. 3:18-CV-05830-BHS-DWC (W.D. Wash. Oct. 18, 2018)

Opinion

CASE NO. 3:18-CV-05830-BHS-DWC

10-18-2018

JOHN ROBERT DEMOS, Petitioner, v. STATE OF WASHINGTON, Respondent.


REPORT AND RECOMMENDATION Noting Date: November 2, 2018

Petitioner John Demos, a bar-order litigant, has filed an application to proceed in forma pauperis with a proposed 28 U.S.C. § 2241 habeas petition. Dkt. 1. Although Petitioner purports to proceed under § 2241, his petition challenges his state court conviction and therefore the proper basis for his habeas relief is 28 U.S.C. § 2254. An Order of this Court provides for the return without filing of any petition by Petitioner 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 Petitioner has submitted no 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. Moreover, Petitioner may not proceed with a second or successive habeas petition here unless and until the Ninth Circuit authorizes its filing. See 28 U.S.C. § 2244(b)(3)(A). A proposed Order is attached.

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). Accommodating the time limit imposed by Fed. R. Civ. P. 72(b), the clerk is directed to set the matter for consideration on November 2, 2018, as noted in the caption.

Dated this 18th day of October, 2018.

/s/_________

David W. Christel

United States Magistrate Judge


Summaries of

Demos v. Washington

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA
Oct 18, 2018
CASE NO. 3:18-CV-05830-BHS-DWC (W.D. Wash. Oct. 18, 2018)
Case details for

Demos v. Washington

Case Details

Full title:JOHN ROBERT DEMOS, Petitioner, v. STATE OF WASHINGTON, Respondent.

Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA

Date published: Oct 18, 2018

Citations

CASE NO. 3:18-CV-05830-BHS-DWC (W.D. Wash. Oct. 18, 2018)