Blakely v. Glebe

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATIONS by Judge Benjamin H. Settle re 16 Objections to Report and Recommendation filed by Ralph Howard Blakely. (TG; cc mailed to petitioner) Modified on 8/13/2014 - NEF regenerated for transmittal of Order to 9th CCA via ad hoc NEF (GMR).

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 6 7 RALPH HOWARD BLAKELY, 8 9 10 Petitioner, CASE NO. C14-5244 BHS ORDER ADOPTING REPORT AND RECOMMENDATION v. PATRICK GLEBE, 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. 15), and 15 Petitioner Ralph Howard Blakely’s (“Blakely”) objections to the R&R (Dkt. 16). 16 On June 19, 2014, Judge Strombom issued the R&R recommending that the Court 17 transfer Blakely’s petition to the Ninth Circuit because it is a second or successive 18 petition. Dkt. 15. Blakely objects to the transfer on the basis that he is actually innocent. 19 Dkt. 16. Whether or not Blakely is actually innocent does not change the fact that he 20 must seek permission from the Ninth Circuit before filing a second or successive petition. 21 28 U.S.C. § 2244(b)(3)(A). 22 ORDER - 1 1 Therefore, the Court having considered the R&R, Blakely’s objections, and the 2 remaining record, does hereby find and order as follows: 3 (1) The R&R is ADOPTED; 4 (2) The Clerk shall TRANSFER the petition to the Ninth Circuit; and 5 (3) This case shall be administratively closed. 6 Dated this 13th day of August, 2014. A 7 8 BENJAMIN H. SETTLE United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ORDER - 2

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