Williams v. Judge et al

Filing 33

ORDER that Petitioner must pay the filing fee of $5.00 or submit a completed application for leave to proceed in forma pauperis , including a certified copy of his prison trust account statement on or before 9/16/11. Mr. Williams must su bmit an amended petition for writ of habeas corpus on the appropriate form by 9/16/11. If Plaintiff seeks to file a separate 42 U.S.C. § 1983 complaint, he should submit the complaint, on the Court's form, along with a properly completed ap plication to proceed in forma pauperis. Plaintiff's filings (ECF Nos. 4, 5 7, and 9-32) are DENIED without prejudice. **SEE ORDER FOR COMPLETE DETAILS** Until he has complied with this Order to Show Cause, Mr. Williams shall stop filing pleadings in this case. Signed by Magistrate Judge Karen L Strombom. (CMG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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MAUNU RENAH WILLIAMS,

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Petitioner,
v.

ORDER TO SHOW CAUSE
JUDGE, D.A., SAMUEL WARDLE,
COWLITZ COUNTY MAIL AND
STAFF, and SGT. MOSES,

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No. C11-5571 BHS/KLS

Respondents.
This case has been referred to United States Magistrate Judge Karen L. Strombom
pursuant to 28 U.S.C. § 636(b)(1) and Local MJR 3 and 4. This matter comes before the Court

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on Petitioner Maunu Renah Williams’ filing of an application to proceed in forma pauperis and a
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petition for writ of habeas corpus under 28 U.S.C. § 2241. To file a petition and initiate legal

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proceedings, Petitioner must pay a filing fee of $5.00 or file a proper application to proceed in

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forma pauperis.

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On July 27, 2011, the Clerk advised Petitioner that his application to proceed in forma

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pauperis was incomplete as he had filed to sign the application and failed to provide the Court

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with a written consent and certified copy of his prison trust account statement showing

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transactions for the past six months. ECF No. 2. On August 8, 2011, Petitioner filed a signed

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application and written consent. ECF No. 6. He also filed a second application to proceed in

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forma pauperis, where he personally filled in the Certification (that is to be completed by the

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institution), stating that he has had no money to his credit and is carrying a negative balance of

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$14.42. ECF No. 6, pp. 3-4. Petitioner claims that he has been in the Cowlitz County Jail for
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only two months and that staff at the Cowlitz County Jail engaged in a “Fifth Amendment

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Conspiracy” to deprive him of the trust account statement. Id., pp. 1, 4.

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In addition to filing the deficient application to proceed in forma pauperis and a proposed
writ of habeas corpus (ECF No. 1), Petitioner has filed as of the date of this Order: (1) Formal

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Complaint & Grievance Re Proposed Writ of Habeas Corpus; (2) Supplement (Formal
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Complaint of Grievance); (3) Declaration of Facts and Exhibits; (4) Grievance of Formal

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Complaint; (5) Declaration of Facts, Request for Counsel and US Marshal; (6) Request for

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Injunction; (7) Declaration Request for Relief, for Counsel and US Marshal; (8) Motion for

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Appointment of Counsel and Request for an Order of Injunction; (9) Declaration of Facts and

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Truths; (10) Declaration of Need; (11) Declaration of Consolidation; (12) Opposition; (13)

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Request for In Forma Pauperis; (14) Second Declaration of Facts and Truths; (15) Proposed

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Second Motion for Appointment of Counsel; (16) Request for Counsel and US Marshal; (17)
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Letter; (18) Declaration for Help; (19) Declaration for Relief; (20) Appeal for Removal; (21)

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Notice of Appeal; (22) Request for Swift Justice; (23) Request for Declaratory Relief; (24)

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Request for Declaratory and Injunctive Relief; (25) Declaration; (26) Request for Equal

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Protection; and (27) Request For Order to Have Documents Mailed. ECF Nos. 4, 5, 7, 9-32.

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Petitioner continues to file multiple, mostly incomprehensible pleadings on a daily basis.

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Petitioner’s pleadings are largely illegible and unintelligible. In his proposed petition for

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writ of habeas corpus, the petitioner is named as “Maunu Renah Williams At war for life, liberty

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freedom USA”. ECF No. 1. He names “the Judge, District Attorney, and his counsel in ‘Case

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No. 111005884,’” and the Cowlitz County Jail, as respondents. He alleges, in part, that he was

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sentenced on “6/06/11 – 6/08/11” for “Stolen car (due Japan Nuclear radiation) (to escape death

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ORDER TO SHOW CAUSE - 2

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or contamination poisoning. Hit & Run insurance scam!),” in a “secret court hearing by the

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Cowlitz County Judge and DA.”

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A cursory review of the proposed petition reveals that Petitioner is incorrectly and
prematurely seeking relief in this Court. As Petitioner is attempting to attack a state court

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hearing and/or sentencing that occurred less than two months ago, it is clear that he has not yet
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presented his claims for relief to the Washington Court of Appeals and the Washington State

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Supreme Court. In a letter to the Clerk dated August 17, 2011, it appears that Petitioner is also

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hoping to file a civil rights complaint within this habeas case. ECF No. 22. However, he has

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filed no appropriate civil rights complaint and has not submitted a properly completed informa

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pauperis application for any such action. ECF No. 22.

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The exhaustion of state court remedies is a prerequisite to the granting of a petition for

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writ of habeas corpus. 28 U.S.C. § 2254(b)(1). If exhaustion is to be waived, it must be waived
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explicitly by respondent. 28 U.S.C. § 2254(b)(3). A waiver of exhaustion, thus may not be

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implied or inferred. A petitioner can satisfy the exhaustion requirement by providing the highest

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state court with a full and fair opportunity to consider all claims before presenting them to the

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federal court. Picard v. Connor, 404 U.S. 270, 276 (1971); Middleton v. Cupp, 768 F.2d 1083,

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1086 (9th Cir. 1985). Full and fair presentation of claims to the state court requires “full factual

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development” of the claims in that forum. Kenney v. Tamayo-Reyes, 504 U.S. 1, 8 (1992).

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Accordingly, it is ORDERED:
(1)

Mr. Williams must pay the filing fee of $5.00 or submit a completed application

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for leave to proceed in forma pauperis, including a certified copy of his prison trust account

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statement on or before September 16, 2011. If Mr. Williams cannot obtain a copy of his prison

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trust account statement from the Cowlitz County Jail, he shall provide the Court with an
ORDER TO SHOW CAUSE - 3

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explanation, setting forth clearly and succinctly what steps he took to obtain the statement and

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why he was unsuccessful.

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(2)

Mr. Williams must submit an amended petition for writ of habeas corpus on the

appropriate form on or before September 16, 2011. The amended petition shall include the

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name of the proper Respondent. Failure to name the correct respondent deprives this Court of
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personal jurisdiction. United States v. Giddings, 740 F.2d 770, 772 (9th Cir. 1984). Mr.

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Williams’ custodian for purposes of his habeas corpus petition challenging the execution of his

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Washington state sentence is the warden/superintendent of the prison where he is currently

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confined. See, e.g., Brittingham v. United States, 982 F.2d 378 (9th Cir. 1992); Dunne v.

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Henman, 875 F.2d 244, 249 (9th Cir. 1989). Mr. Williams must also state in his amended where

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he has or has not exhausted his claims in state court. Failure to file an amended petition

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reflecting the foregoing information on or before September 16, 2011 shall be deemed a failure
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to properly prosecute this matter and the Court will recommend dismissal of this matter.
(3)

If Plaintiff seeks to file a separate 42 U.S.C. § 1983 complaint, he should submit

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the complaint, on the Court’s form, along with a properly completed application to proceed in

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forma pauperis, which application shall include a copy of his prison trust account statement from

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the Cowlitz County Jail.

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(4)

Plaintiff’s filings (ECF Nos. 4, 5, 7, and 9-32) are DENIED without prejudice.

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These filings are premature. Mr. Williams has not yet paid the filing fee or submitted a

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completed application to proceed in forma pauperis and he has not yet filed a proper petition for

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writ of habeas corpus naming a proper Respondent over whom the Court may exercise

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jurisdiction. Until he has complied with this Order to Show Cause, Mr. Williams shall stop

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filing pleadings in this case.
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(4)

Clerk is directed to send a copy of this Order to Mr. Williams, along with the

appropriate forms, including a written consent and § 2254 petition.

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DATED 29th day of August, 2011.

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A

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Karen L. Strombom
United States Magistrate Judge

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ORDER TO SHOW CAUSE - 5