Whittington v. Gilbert

Filing 5

ORDER TRANSFERRING CASE TO NINTH CIRCUIT 4 Report and Recommendations. by Judge Richard A Jones.**2 PAGE(S), PRINT ALL**(Edward Whittington, Prisoner ID: 872068)(SG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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EDWARD ROOSEVELT WHITTINGTON,
Petitioner,

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Case No. C16-1777-RAJ

v.
ORDER TRANSFERRING CASE TO
NINTH CIRCUIT

MARGARET GILBERT,
Respondent.

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The Court, having reviewed the Report and Recommendation of the Honorable James P.

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Donohue, Chief United States Magistrate Judge, any objections thereto, and the remaining

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record, hereby ORDERS:

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(1)

The Report and Recommendation is approved and adopted.

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(2)

Petitioner’s federal habeas petition is TRANSFERRED to the Ninth Circuit Court

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of Appeals as a second or successive petition. Petitioner is advised that this transfer does not of

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itself constitute compliance with 28 U.S.C. § 2244(b)(3) and Ninth Circuit Rule 22-3. Petitioner

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must still file a motion for leave to proceed in the Court of Appeals and make the showing

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required by § 2244(b)(2).

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ORDER TRANSFERRING CASE
TO NINTH CIRCUIT - 1

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(3)

The Clerk is directed to administratively close this case and to transfer all original

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documents to the Ninth Circuit Court of Appeals. The Clerk shall, however, retain a copy of the

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petition and of this Order in the file. The Clerk is further directed to send a copy of this Order to

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petitioner and to the Honorable James P. Donohue.

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DATED this 5th day of January, 2017.

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A

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The Honorable Richard A. Jones
United States District Judge

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ORDER TRANSFERRING CASE
TO NINTH CIRCUIT - 2