Verkler v. United States of America

Filing 18

ORDER denying Petitioner's Objections to Judge's Illegal 2255 rulings and criminal acts and request for an impartial judge (Dkt. Nos. 16 , 17 ) signed by U.S. District Judge John C Coughenour. (TH) (cc: Petitioner via USPS)

THE HONORABLE JOHN C. COUGHENOUR

1
2
3
4
5
6

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

7
8
9

GEORGE VERKLER,

10
11
12

CASE NO. C17-1876-JCC
Petitioner,

ORDER

v.
UNITED STATES OF AMERICA,

13

Respondent.

14
15

This matter comes before the Court on Petitioner’s motion titled “objections to judge’s

16

illegal 2255 rulings and criminal acts and request for an impartial judge” (Dkt. Nos. 16, 17).

17

Having thoroughly considered Petitioner’s motion and the relevant record, the Court hereby

18

DENIES the motion for the reasons explained herein.

19

Petitioner’s motion appears to be an attempt to appeal the Court’s prior order denying his

20

§ 2255 petition. (See Dkt. Nos. 16, 17.) However, because Petitioner cannot appeal that order

21

without a certificate of appealability, see 28 U.S.C. § 2253(c)(1)(B), the Court construes

22

Petitioner’s motion as an application for a certificate of appealability. A certificate of

23

appealability may issue only where a petitioner has made a “substantial showing of the denial of

24

a constitutional right.” 28 U.S.C. § 2253(c)(2). This is satisfied “by demonstrating that jurists of

25

reason could disagree with the district court’s resolution of his constitutional claims or that

26

jurists could conclude the issues presented are adequate to deserve encouragement to proceed
ORDER
C17-1876-JCC
PAGE - 1

1

further.” Miller-El v. Cockrell, 537 U.S. 322, 327 (2003). The Court has already considered

2

whether Petitioner is entitled to a certificate of appealability and declined to grant one. (See Dkt.

3

No. 11 at 5.) Therefore, Petitioner’s motion (Dkt. Nos. 16, 17) is DENIED.

4

DATED this 8th day of April 2019.

A

5
6
7

John C. Coughenour
UNITED STATES DISTRICT JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
ORDER
C17-1876-JCC
PAGE - 2