Allah v. Washington Supreme Court et al

Filing 16

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
(4)

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