Lewis v. Uttecht

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATION, DIRECTING TRANSFER TO NINTH CIRCUIT COURT OF APPEALS, AND DENYING MOTION FOR APPOINTMENT OF COUNSEL for 6 ORDER TO PROCEED IN FORMA PAUPERIS AND REPORT AND RECOMMENDATIONS TO TRANSFER HABEAS ACTION TO NIN TH CIRCUIT AND TO DENY MOTION FOR APPOINTMENT OF COUNSEL AS MOOT denying 3 Motion to Appoint Counsel filed by Herman Lewis. Case transferred to Ninth Circuit Court of Appeals. Signed by Chief Judge Rosanna Malouf Peterson. (SMP, Case Administrator)

1
2
3
4
5

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

6
HERMAN LEWIS,
7

NO: 4:14-cv-05100-JPH
Petitioner,

8
v.
9
JEFFREY A. UTTECHT,
10
Respondent.

ORDER ADOPTING REPORT AND
RECOMMENDATION, DIRECTING
TRANSFER TO NINTH CIRCUIT
COURT OF APPEALS, AND
DENYING MOTION FOR
APPOINTMENT OF COUNSEL

11
12

Magistrate Judge Hutton filed a Report and Recommendation on October 23,

13

2014, recommending Mr. Lewis’s habeas corpus petition be transferred to the

14

Ninth Circuit Court of Appeals as a second or successive petition. ECF No. 6.

15

Judge Hutton further recommended that Petitioner’s Motion for Appointment of

16

Counsel be denied as moot. There being no objections, the Court ADOPTS the

17

Report and Recommendation in its entirety.

18
19

When a second or successive petition is mistakenly submitted to the district
court, that court shall refer it to the court of appeals. Ninth Circuit Rule 22-3(a).

20
ORDER ADOPTING REPORT AND RECOMMENDATION AND DIRECTING
TRANSFER TO NINTH CIRCUIT COURT OF APPEALS -- 1

1

Accordingly, IT IS ORDERED this case is TRANSFERRED to the Ninth Circuit

2

Court of Appeals, pursuant to 28 U.S.C. § 1631 and Ninth Circuit Rule 22-3(a).

3

Petitioner is advised this transfer does not of itself constitute compliance

4

with § 2244(b)(3) and Ninth Circuit Rule 22-3; he must still file an application for

5

leave to proceed in the Court of Appeals and make the showing required by §

6

2244(b)(2). Petitioner is directed to consult this statute and Ninth Circuit Rule 22-

7

3 for further information.

8

IT IS SO ORDERED. The District Court Executive is directed to transfer

9

this action to the Ninth Circuit Court of Appeals. The District Court Executive is

10

further directed to enter this Order, forward a copy to Petitioner, and close the file.

11

DATED this 3rd day of December 2014.

12
13
14

s/ Rosanna Malouf Peterson
ROSANNA MALOUF PETERSON
Chief United States District Court Judge

15
16
17
18
19
20
ORDER ADOPTING REPORT AND RECOMMENDATION AND DIRECTING
TRANSFER TO NINTH CIRCUIT COURT OF APPEALS -- 2