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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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 8 EDWARD ROOSEVELT WHITTINGTON, Petitioner, 9 10 11 Case No. C16-1777-RAJ v. ORDER TRANSFERRING CASE TO NINTH CIRCUIT MARGARET GILBERT, Respondent. 12 13 14 The Court, having reviewed the Report and Recommendation of the Honorable James P. 15 Donohue, Chief United States Magistrate Judge, any objections thereto, and the remaining 16 record, hereby ORDERS: 17 (1) The Report and Recommendation is approved and adopted. 18 (2) Petitioner’s federal habeas petition is TRANSFERRED to the Ninth Circuit Court 19 of Appeals as a second or successive petition. Petitioner is advised that this transfer does not of 20 itself constitute compliance with 28 U.S.C. § 2244(b)(3) and Ninth Circuit Rule 22-3. Petitioner 21 must still file a motion for leave to proceed in the Court of Appeals and make the showing 22 required by § 2244(b)(2). 23 ORDER TRANSFERRING CASE TO NINTH CIRCUIT - 1 1 (3) The Clerk is directed to administratively close this case and to transfer all original 2 documents to the Ninth Circuit Court of Appeals. The Clerk shall, however, retain a copy of the 3 petition and of this Order in the file. The Clerk is further directed to send a copy of this Order to 4 petitioner and to the Honorable James P. Donohue. 5 DATED this 5th day of January, 2017. 6 7 A 8 9 The Honorable Richard A. Jones United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ORDER TRANSFERRING CASE TO NINTH CIRCUIT - 2

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