Sanford v. Gilman

Filing 19

ORDER TRANSFERRING CASE TO NINTH CIRCUIT re 17 REPORT AND RECOMMENDATIONS by Judge Barbara J. Rothstein. The Court, having reviewed Petitioners 28 U.S.C. § 2254 habeas petition, the Report and Recommendation of the Honorable Brian A. Tsu chida, 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) Petitioners 28 U.S.C. § 2254 petition is TRANSFERRED TO THE NINTH CIRCUIT AS A SECOND OR SUCCESSIVE PETITION. (3) Respondents motion to dismiss (Dkt. 12) is DENIED as moot. (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. The clerk is ordered to provide copies of this order to all counsel. (cc: Ninth Circuit Court of Appeals). (RE)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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KINNICK B. SANFORD JR.,

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Petitioner,

CASE NO. C16-169-BJR
ORDER TRANSFERRING CASE TO
NINTH CIRCUIT

v.
MARGARET GILBERT,
Respondent.

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The Court, having reviewed Petitioner’s 28 U.S.C. § 2254 habeas petition, the Report and

17 Recommendation of the Honorable Brian A. Tsuchida, United States Magistrate Judge, any
18 objections or responses to that, and the remaining record, finds and Orders as follows:
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(1) The Court adopts the Report and Recommendation.

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

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CIRCUIT AS A SECOND OR SUCCESSIVE PETITION.

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(3) Respondent’s motion to dismiss (Dkt. 12) is DENIED as moot.

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

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Brian A. Tsuchida AND TO ADMINISTRATIVELY CLOSE THIS FILE.
ORDER TRANSFERRING CASE TO NINTH
CIRCUIT- 1

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The clerk is ordered to provide copies of this order to all counsel.

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Dated this 11th day of October, 2016.

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A

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Barbara Jacobs Rothstein
U.S. District Court Judge

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ORDER TRANSFERRING CASE TO NINTH
CIRCUIT- 2