Spangler v. United States of America

Filing 21

ORDER striking Petitioner's 20 Motion for Certificate of Appealability. Signed by Judge Ricardo S. Martinez. (SWT) (cc: USCA; Petitioner via USPS)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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MARK F SPANGLER,

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Petitioner,
v.

CASE NO. C16-1923RSM
ORDER STRIKING PETITIONER’S
MOTION FOR CERTIFICATE OF
APPEALABILITY

UNITED STATES OF AMERICA,
Respondent.

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This matter comes before the Court on Petitioner Mark Spangler’s Motion for
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Certificate of Appealability. Dkt. #20. It appears Mr. Spangler filed this Motion with the
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Ninth Circuit, which then forwarded it to this Court without comment. The Ninth Circuit did
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not file Mr. Spangler’s Motion on its docket or direct this Court to take any action.
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This Motion is not properly before the Court. Mr. Spangler did not file this Motion here
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and is not seeking relief from this Court. Accordingly, this Motion will be stricken.
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Even if the Court were to consider this Motion, or if Mr. Spangler were to simply refile
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it in this Court, the Court would deny it. The Court denied Mr. Spangler a Certificate of
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Appealability (“COA”) back in 2017. Dkt. #10 at 6–7. Mr. Spangler appealed. The Ninth
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ORDER STRIKING PETITIONER’S MOTION FOR CERTIFICATE OF APPEALABILITY - 1

1 Circuit denied a COA on January 31, 2018. Dkt. #13. There has been no further action in that
2 appeal.
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Over a year later Mr. Spangler filed a Rule 60(b) Motion in this Court. The Motion was

4 denied as untimely. In an abundance of caution, the Court addressed the merits of the filing,
5 determining that relief was not warranted. The Court will not deviate from its prior findings
6 and the findings of the Ninth Circuit by issuing a COA now.
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Having considered Petitioner’s Motion and the remainder of the record, the Court

8 hereby finds and ORDERS that Petitioner Spangler’s Motion for Certificate of Appealability,
9 Dkt. #20, is STRICKEN as procedurally improper. The Clerk of the Court is directed to
10 forward a copy of this Order to Petitioner and all counsel of record.
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DATED this 2nd day of August, 2019.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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ORDER STRIKING PETITIONER’S MOTION FOR CERTIFICATE OF APPEALABILITY - 2