Kinney v. Key

Filing 27

ORDER ADOPTING REPORT AND RECOMMENDATION by Judge Richard A Jones re 25 Objections to Report and Recommendation, filed by James Allen Kinney. The Court hereby ORDERS: (1) The Report and Recommendation is approved and adopted. for leave to proceed in the Court of Appeals and make the showing required by § 2244(b)(2). (3) Petitioners pending motions (Dkts. 10, 11, 12, 13, 14, 15, 16, 17, 20, 21, 22, 23 and 26) are STRICKEN as moot. (4) The Clerk is directed to administratively close this case and to transfer all original documents to the Ninth Circuit Court of Appeals.**2 PAGE(S), PRINT ALL**(James Kinney, Prisoner ID: 835603) (cc: Ninth Circuit Court of Appeals)(SG)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 8 JAMES ALLEN KINNEY, Petitioner, 9 10 11 Case No. C17-1040-RAJ v. ORDER REFERRING CASE TO NINTH CIRCUIT COURT OF APPEALS JAMES KEY, 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 REFERRED to the Ninth Circuit Court of 19 Appeals as a second or successive petition. Petitioner is advised that this referral 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 REFERRING CASE TO NINTH CIRCUIT COURT OF APPEALS - 1 1 2 3 (3) Petitioner’s pending motions (Dkts. 10, 11, 12, 13, 14, 15, 16, 17, 20, 21, 22, 23 and 26) are STRICKEN as moot. (4) The Clerk is directed to administratively close this case and to transfer all original 4 documents to the Ninth Circuit Court of Appeals. The Clerk shall, however, retain a copy of the 5 petition and of this Order in the file. The Clerk is further directed to send a copy of this Order to 6 petitioner and to the Honorable James P. Donohue. 7 DATED this 8th day of November, 2017. 8 A 9 10 The Honorable Richard A. Jones United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 ORDER REFERRING CASE TO NINTH CIRCUIT COURT OF APPEALS - 2

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