Pauley v. Sinclair

Filing 10

ORDER TRANSFERRING CASE TO NINTH CIRCUIT by Judge Robert S. Lasnik. DENYING 7 Motion for Leave to Proceed in forma pauperis; adopting Report and Recommendations re 8 Report and Recommendations. The Court, having reviewed Petitioners 28 U.S.C. § 2254 habeas petition, the Report and Recommendation of the Honorable Brian A. Tsuchida, United States Magistrate Judge, anyobjections or responses to that, and the remaining record, finds and Orders as follows: (1) The Court adopts the Report and Recommendation. (2) Petitioners motion for leave to proceed in forma pauperis (Dkt. 7) is DENIED. (3) Petitioners 28 U.S.C. § 2254 petition is TRANSFERRED TO THE NINTH CIRCUIT AS A SECOND OR SUCCESSIVE PETITION. (CC: Petitioner, CCA) (SA)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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JAMES STEVEN PAULEY,
Petitioner,

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Case No. C14-1536 RSL-BAT
ORDER TRANSFERRING CASE
TO NINTH CIRCUIT

v.
STEVEN SINCLAIR,
Respondent.

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The Court, having reviewed Petitioner’s 28 U.S.C. § 2254 habeas petition, the Report and
Recommendation of the Honorable Brian A. Tsuchida, United States Magistrate Judge, any
objections or responses to that, and the remaining record, finds and Orders as follows:
(1)

The Court adopts the Report and Recommendation.

(2)

Petitioner’s motion for leave to proceed in forma pauperis (Dkt. 7) is DENIED.

(3)

Petitioner’s 28 U.S.C. § 2254 petition is TRANSFERRED TO THE NINTH

CIRCUIT AS A SECOND OR SUCCESSIVE PETITION.
(4)

The Clerk is directed to send copies of this Order to Petitioner and to the Hon.

Brian A. Tsuchida AND TO ADMINISTRATIVELY CLOSE THIS FILE.
DATED this 18th day of November, 2014.

A
Robert S. Lasnik
United States District Judge

ORDER TRANSFERRING CASE TO NINTH CIRCUIT- 1