Allah v. Washington Supreme Court et al
Filing
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ORDER DISMISSING ACTION by Judge Ricardo S Martinez. The Report and Recommendation is ADOPTED. Petitioner's petition for writ of habeas corpus (Dkt. #10) and this action are DISMISSED as untimely under 28 U.S.C. § 2244(d). A certificate of appealability is DENIED.**3 PAGE(S), PRINT ALL**(Allah, Prisoner ID: 950376)(ST)
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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ALLAH,1
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Petitioner,
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Case No. C17-0458RSM
v.
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ORDER DISMISSING ACTION
WASHINGTON STATE SUPREME COURT,
et al.,
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Respondents.
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On May 9, 2017, Petitioner filed a Petition for Writ of Habeas Corpus after being granted
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leave to proceed in forma pauperis. Dkts. #9 and #10. From what the Court can discern, Petitioner
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claims in his petition that a 2002 criminal judgment is invalid because it does not name “Allah©”
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as the defendant. See Dkt. #10 at 7-8. Petitioner further claims that the Washington Department
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of Corrections has no records naming “Allah©” as a defendant, and that his current confinement
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is therefore unlawful. See id. Petitioner has therefore asked that this Court compel the judges of
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the Washington Supreme Court and the Washington Court of Appeals, Divisions I and III, to
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dismiss the 2002 King County case “for lack of jurisdiction and malicious prosecution.” Dkt. #10
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Mr. Allah files all pleadings in this Court under the name “Allah©”.
ORDER DISMISSING ACTION - 1
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at 4. Petitioner also requests compensation in the amount of $50,000 for his alleged unlawful
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confinement, an unlimited hotel voucher for the Four Seasons Olympic Hotel in Seattle, immediate
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release from the Washington State Penitentiary, and taxi fare back to Seattle. See id.
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After reviewing the Petition, the Honorable Mary Alice Theiler, United States District
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Judge, determined that it was deficient in that Petitioner failed to clearly articulate a viable
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constitutional claim, and he failed to show that any constitutional claims pertaining to his 2002
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judgment have been properly exhausted in the state courts. Judge Theiler also determined that the
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Petition, even if it did identify a viable claim for relief, is likely barred by the federal statute of
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limitations, 28 U.S.C. § 2244(d). Accordingly, on May 9, 2017, Judge Theiler issued an Order
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directing Petitioner to show cause why his Petition should not be dismissed as time barred. Dkt.
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#11. Judge Theiler noted in the Order to Show Cause that although it is not entirely clear when
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Petitioner’s 2002 state court judgment became final, the materials available to this Court suggest
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it was approximately 15 years ago, well beyond the one year limitations period set forth in 28
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U.S.C. § 2244(d). Id. After receiving Petitioner’s response to the Order to Show Cause, Judge
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Theiler issued her Report and Recommendation (“R&R”), recommending that this Court dismiss
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the Petition as untimely. Dkt. #13 at 3.
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On May 23, 2017, Petitioner filed Objections to the R&R. In those Objections, he
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essentially repeats his argument that his conviction and judgment are invalid because they name
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“Edwin Randal Coston a/k/a Allah” as the criminal defendant rather than “Allah©.” Dkts. #14
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and #14-1. However, on May 31, 2017, Petitioner filed a brief entitled “Strike Allah’s© Response
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To Report And Recommendation . . . Amended Petition for Extraordinary Writ of Habeas Corpus
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To Comel [sic] Allah’s© ReleaseFrom Illegal Imprisonment Proposed Response to Report And
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Recommendation.” Dkt. #15. Thus it appears that Petitioner now seeks to amend his Petition in
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lieu of making Objections to the R&R. Petitioner’s brief appears to be drafted as a combination
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motion for release from prison and Amended Petition for Writ of Habeas Corpus. Id. Petitioner
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also now names only one Respondent – Donald R. Holbrook, Superintendent of the Washington
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State Prison at Walla Walla, WA. Id. at 1. Petitioner again appears to claim that he is being held
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in prison unlawfully because no official government documents, including his Warrant of
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Commitment, use the name “Allah©.” Id.
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Having reviewed the R&R, Petitioner’s responses thereto, and the remainder of the record,
the Court now hereby ORDERS:
(1)
The Report and Recommendation is approved and ADOPTED.
Nothing in
Petitioner’s responses demonstrate any legal error in the recommendations made by Judge Theiler;
(2)
Petitioner’s petition for writ of habeas corpus (Dkt. #10), and this action are
DISMISSED as untimely under 28 U.S.C. § 2244(d);
(3)
In accordance with Rule 11 of the Rules Governing Section 2254 Cases in the
United States District Courts, a certificate of appealability is DENIED; and
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The Clerk SHALL send copies of this Order to Petitioner and to the Honorable
Mary Alice Theiler.
DATED this 12 day of June, 2017.
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A
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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE
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ORDER DISMISSING ACTION - 3
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