Johnson v. Gilbert

Filing 25

ORDER OF DISMISSAL by Judge Robert S. Lasnik. The Court adopts the 16 Report and Recommendation. Respondents' motion to dismiss, Dkt. 14 , is GRANTED, and petitioner's habeas petition, Dkt. 6 , is TRANSFERRED to the Ninth Circuit Court of Appeals for consideration as an application for leave to file a successive petition. (CL) (cc: petitioner, Appeal Clerk SA) Modified on 9/20/2013 - CCA served this date)(SA).

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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CHRISTOPHER SHAWN JOHNSON,

Case No. C13-533-RSL

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Petitioner,

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ORDER OF DISMISSAL

v.

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ROBERT HERZOG, et al.,

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Respondents.

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The Court, after careful consideration of petitioner’s 28 U.S.C. § 2254 petition for writ

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of habeas corpus, the Report and Recommendation of the Honorable James P. Donohue, the

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governing authorities and the balance of the record, does hereby find and ORDER:

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(1)

The Court adopts the Report and Recommendation.

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(2)

Respondents’ motion to dismiss, Dkt. 14, is GRANTED, and petitioner’s habeas

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petition, Dkt. 6, is TRANSFERRED to the Ninth Circuit Court of Appeals for consideration as

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an application for leave to file a successive petition.

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ORDER OF DISMISSAL
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(3)

The Clerk is directed to send copies of this Order to counsel for the parties and

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to Judge Donohue.

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Dated this 19th day of September, 2013.

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A
ROBERT S. LASNIK
United States District Judge

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ORDER OF DISMISSAL
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