Richey v. Obenland

Filing 24

ORDER ADOPTING REPORT AND RECOMMENDATIONS by Judge Benjamin H Settle re 23 Objections to Report and Recommendation filed by Thomas WS Richey. (TG; cc mailed to petitioner and emailed to Court of Appeals)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 6 7 THOMAS WS RICHEY, 8 9 10 Petitioner, CASE NO. C13-5231 BHS ORDER ADOPTING REPORT AND RECOMMENDATION v. MIKE OBENLAND, 11 Respondent. 12 13 This matter comes before the Court on the Report and Recommendation (“R&R”) 14 of the Honorable Karen L. Strombom, United States Magistrate Judge (Dkt. 22), and 15 Plaintiff’s objections to the R&R (Dkt. 23). 16 On June 17, Judge Strombom issued the R&R recommending that the Court 17 transfer Petitioner’s petition to the Ninth Circuit because it is a second or successive 18 petition. Dkt. 22. On June 25, 2013, Petitioner filed objections. Dkt. 23. Upon review 19 of the pleadings, the Court finds that Petitioner’s objections are without merit because the 20 instant petition contains identical issues to those presented in Case No. C13-5043BHS. 21 Therefore, the Court having considered the R&R, Petitioner’s objections, and the 22 remaining record, does hereby find and order as follows: ORDER - 1 1 (1) The R&R is ADOPTED; and 2 (2) This petition shall be TRANSFERRED to the Ninth Circuit as a second or 3 successive petition; and 4 (3) 5 Dated this 12th day of August, 2013. This case shall be closed. A 6 7 BENJAMIN H. SETTLE United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ORDER - 2

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