Williams v. Judge et al

Filing 72

ORDER ADOPTING 52 REPORT AND RECOMMENDATIONS re 64 Objections to Report and Recommendation filed by Maunu Renah Williams signed by Judge Benjamin H Settle. (MET) cc: plaintiff

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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,

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v.

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Case No. C11-5571BHS

JUDGE, et al.,

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ORDER ADOPTING REPORT
AND RECOMMENDATION
Respondents.

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This matter comes before the Court on the Report and Recommendation (“R&R”) of
the Honorable Karen L. Strombom, United States Magistrate Judge (Dkt. 52)

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On September 21, 2011, Judge Strombom issued the R&R recommending that the

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Court dismiss Petitioner Maunu Renah Williams’ (“Williams”) petition for writ of habeas

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corpus without prejudice for failure to submit a proper in forma pauperis application or pay

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the filing fee. Dkt. 52. Since the R&R, Williams has filed numerous, frivolous pleadings

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that are irrelevant to either his petition or the conclusions in the R&R.

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The district court may permit indigent litigants to proceed in forma pauperis upon

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completion of a proper affidavit of indigency. See 28 U.S.C. § 1915(a). However, the

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Court has broad discretion in denying an application to proceed in forma pauperis.

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Weller v. Dickson, 314 F.2d 598 (9th Cir. 1963), cert. denied, 375 U.S. 845 (1963). “A

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district court may deny leave to proceed in forma pauperis at the outset if it appears from the

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face of the proposed complaint that the action is frivolous or without merit.” Tripati v. First

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Nat’l Bank & Trust, 821 F.2d 1368, 1369 (9th Cir. 1987).

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ORDER

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In this case, Williams has failed to either file a proper in forma pauperis application

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as requested by Judge Strombom or pay the filing fee. Morever, it appears from the face of

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the proposed petition that Williams’ petition is without merit at this time because he has

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most likely failed to exhaust his administrative remedies. Williams was sentenced in state

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court in June of the year.

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Therefore, the Court has considered the R&R and the remaining record and does
hereby find and order as follows:

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(1)

The R&R is ADOPTED;

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(2)

A Certificate of Appealability is DENIED;

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(3)

The petition is DISMISSED without prejudice; and

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(4)

Any further filings by Williams shall become part of the file, but will not be
acted on by the Court unless the Court determines otherwise.

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DATED this 7th day of November, 2011.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER