Armstead v. Speer

Filing 8

ORDER ADOPTING 4 REPORT AND RECOMMENDATION by Judge Richard A. Jones. Petitioners petition for writ of habeas corpus (Dkt. 1-1) and this action are DISMISSED pursuant to 28 U.S.C. § 2244(a), as the petition constitutes an unauthorized second or successive petition and this Court therefore lacks jurisdiction to consider it. In accordance with Rule 11 of the Rules Governing Section 2254 Cases in the United States District Courts, a certificate of appealability is DENIED. Petitioners application to proceed in forma pauperis (Dkt. 1), and all motions submitted with the petition (Dkts. 1-5, 1-6, 1-7, 1-8, 1-9) are DENIED as moot.**2 PAGE(S), PRINT ALL**(Wendell Armstead, Prisoner ID: 867539) (CR)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 8 WENDELL M. ARMSTEAD, JR., Petitioner, 9 10 v. 11 SCOTT SPEER, Case No. C24-2144-RAJ ORDER DISMISSING ACTION Respondent. 12 13 14 The Court, having reviewed Petitioner’s petition for writ of habeas corpus, the Report 15 and Recommendation of S. Kate Vaughan, United States Magistrate Judge, and the remaining 16 record, hereby finds and ORDERS: 17 (1) The Report and Recommendation is approved and adopted. 18 (2) Petitioner’s petition for writ of habeas corpus (Dkt. 1-1) and this action are 19 DISMISSED pursuant to 28 U.S.C. § 2244(a), as the petition constitutes an unauthorized second 20 or successive petition and this Court therefore lacks jurisdiction to consider it. 21 22 (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. 23 ORDER DISMISSING ACTION PAGE - 1 1 2 3 4 (4) Petitioner’s application to proceed in forma pauperis (Dkt. 1), and all motions submitted with the petition (Dkts. 1-5, 1-6, 1-7, 1-8, 1-9) are DENIED as moot. (5) The Clerk is directed to send copies of this Order to Petitioner and to the Honorable S. Kate Vaughan. 5 6 DATED this 27th day of January, 2025. 7 A 8 9 The Honorable Richard A. Jones United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ORDER DISMISSING ACTION PAGE - 2

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