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)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?