Adam v. Superior Court of the State of Washington

Filing 10

ORDER by Judge Richard A Jones. The Court Adopts the 7 Report and Recommendation and directs clerk to DISMISS this habeas proceeding without prejudice. (LMK) CC: Plaintiff Adam

HONORABLE RICHARD A. JONES

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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IBRAHIM ADAM,
Petitioner,

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CASE NO. C15-169RAJ

v.
STATE OF WASHINGTON,

ORDER

Respondent.

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United States Magistrate Judge Mary Alice Theiler issued a Report and

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Recommendation (“R&R”) recommending that the court dismiss this habeas petition

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because it is premature.

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The petition for relief is informal. Petitioner asserts that in a criminal prosecution

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in King County Superior Court, he was denied his right to a speedy trial and was forced

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to stand for trial when he was not competent to do so. Public records subject to judicial

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notice indicate that Petitioner was convicted at the end of January 2015.

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As the R&R explains, Petitioner cannot pursue federal habeas relief until he has

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exhausted his remedies in state court. After the R&R issued, Petitioner filed a series of

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letters that the clerk has denominated as two motions. Dkt. ## 8, 9. Those letters assert

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the same issues he raised in his informal petition, and they assert that he suffered further

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denials of his rights when he was sentenced in late February. It is plain that Petitioner,

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who is proceeding without an attorney, believes that this court can serve as a court of

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appeals. Petitioner is mistaken. This court can grant habeas relief only after he has

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ORDER – 1

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exhausted (at a minimum) his appeals in the state court system. The court cannot

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consider his habeas claims at this time.

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The court ADOPTS the R&R (Dkt. # 7) and directs the clerk to DISMISS this
habeas proceeding without prejudice.
DATED this 6th day of April, 2015.

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A

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The Honorable Richard A. Jones
United States District Court Judge

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ORDER – 2