Lee v. Glebe

Filing 25

ORDER striking petitioner's 23 Motion for an injunction; and striking petitioner's 24 Motion to Compel. A copy of this Order has been mailed to petitioner today. Signed by Hon. Mary Alice Theiler.(GB)

01 02 03 04 05 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 06 07 08 DONALD MORRIS LEE, 09 10 11 12 ) ) Petitioner, ) ) v. ) ) PATRICK GLEBE, ) ) Respondent. ) ____________________________________ ) CASE NO. C14-5309-RSL-MAT ORDER STRIKING PETITIONER’S PENDING MOTIONS 13 14 This is a federal habeas action proceeding under 28 U.S.C. § 2254. Currently pending 15 before the Court are petitioner’s motion for an injunction and petitioner’s motion to compel. 16 Respondent has not responded to petitioner’s motions and the Court deems a response 17 unnecessary. The Court, having reviewed petitioner’s pending motions, and the balance of the 18 record, hereby ORDERS as follows: 19 (1) Petitioner’s motion for an injunction (Dkt. 23) is STRICKEN. Petitioner 20 complains in the instant motion that a corrections counselor at his current place of 21 incarceration, the Stafford Creek Corrections Center (“SCCC”), has improperly held his legal 22 mail and has, on occasion, refused to send it. Petitioner seeks an Order from this Court ORDER STRIKING PETITIONER’S PENDING MOTIONS PAGE -1 01 directing corrections staff at SCCC to cease interference with his mail. This Court has no 02 authority to grant such relief. The member of the SCCC corrections staff identified by 03 petitioner in his motion is not a defendant/respondent in this action and, thus, the Court has no 04 jurisdiction to enjoin that individual’s conduct. Moreover, it is not clear from petitioner’s 05 motion that the alleged interference with his mail has impacted this action in any way. If 06 petitioner encounters future delays in the processing of his mail which directly impact this 07 action, he may request additional time to comply with any deadlines established by this Court. 08 There are no current deadlines requiring action by petitioner. (2) 09 Petitioner’s motion to compel (Dkt. 24) is STRICKEN. Petitioner asks that 10 documents requested by him be delivered to the Court no later than the date on which the 11 respondent’s answer is due. He also appears to request that the Court give notice to various 12 defense agencies that sensitive documents over which petitioner previously had control have 13 been seized by the State of Washington. The Court presumes that the documents referenced 14 by petitioner are those portions of the state court record relevant to resolution of his federal 15 habeas claims. Respondent is expected to submit such documents in conjunction with his 16 answer to petitioner’s petition. No separate order is required. To the extent petitioner 17 requests that notice be given to defense agencies regarding the alleged seizure of sensitive 18 documents by the State of Washington he has requested relief beyond the scope of this Court’s 19 jurisdiction. 20 (3) The Clerk is directed to send copies of this Order to petitioner, to counsel for 21 respondent, and to the Honorable Robert S. Lasnik. 22 / / / ORDER STRIKING PETITIONER’S PENDING MOTIONS PAGE -2 01 DATED this 18th day of July, 2014. 02 03 A 04 Mary Alice Theiler Chief United States Magistrate Judge 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 ORDER STRIKING PETITIONER’S PENDING MOTIONS PAGE -3