In re: Jerome Talley

Filing 79

ORDER RE: PENDING MOTIONS AND PETITION. Respondent's proposed motions and habeas petition (Dkts. 75 , 76 , 77 , 78 ) will not be allowed to proceed. Signed by Judge Ricardo S. Martinez. **1 PAGE(S), PRINT ALL**(SWT)

1
2
3
4

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

5
6

In re: JEROME TALLEY,
Case No. MC15-164 RSM

7

Respondent.
ORDER REGARDING PENDING
MOTIONS AND PETITION

8
9
10

THIS MATTER comes before the Court on Respondent’s Motion to Dismiss (Dkt. #75);

11

Motion for Immediate Release (Dkt. #76); Motion to Relate Back to 2015 Habeas Case (Dkt. #77);

12

and a Proposed Petition for Writ of Habeas Corpus under 28 USC Section 2241 (Dkt. #78). Each

13

of the three motions raises arguments previously raised and rejected by the Court, and in any event

14

are not supported by the case law cited by Respondent. With respect to the proposed Habeas

15

Petition, Plaintiff violates his bar order by failing to submit a Declaration stating that the issues

16

raised in the Petition have not been previously litigation. See Dkt. #3 at ¶ ¶ 1 and 2. Indeed,

17

Plaintiff explicitly states that he previously raised the issues in a prior matter.

18

Accordingly, Respondent’s proposed motions and habeas petition (Dkts. #75, #76, #77 and #78)

19

will not be allowed to proceed. The Clerk SHALL provide copies of this Order to Petitioner.

20

Dkt. #78.

DATED this 24th day of August 2018.

21

A

22

RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

23
ORDER - 1