Summary
adopting recommendation that "[p]ursuant to Ninth Circuit Rule 22-3, the petitions should be transferred to the Ninth Circuit . . . ."
Summary of this case from De Adams v. HedgpethOpinion
CASE NO. C13-5231 BHS
08-12-2013
THOMAS WS RICHEY, Petitioner, v. MIKE OBENLAND, Respondent.
ORDER ADOPTING REPORT
AND RECOMMENDATION
This matter comes before the Court on the Report and Recommendation ("R&R") of the Honorable Karen L. Strombom, United States Magistrate Judge (Dkt. 22), and Plaintiff's objections to the R&R (Dkt. 23).
On June 17, Judge Strombom issued the R&R recommending that the Court transfer Petitioner's petition to the Ninth Circuit because it is a second or successive petition. Dkt. 22. On June 25, 2013, Petitioner filed objections. Dkt. 23. Upon review of the pleadings, the Court finds that Petitioner's objections are without merit because the instant petition contains identical issues to those presented in Case No. C13-5043BHS.
Therefore, the Court having considered the R&R, Petitioner's objections, and the remaining record, does hereby find and order as follows:
(1) The R&R is ADOPTED; and
(2) This petition shall be TRANSFERRED to the Ninth Circuit as a second or successive petition; and
(3) This case shall be closed.
_________________
BENJAMIN H. SETTLE
United States District Judge