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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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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RALPH HOWARD BLAKELY,

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Petitioner,

CASE NO. C14-5244 BHS
ORDER ADOPTING REPORT
AND RECOMMENDATION

v.
PATRICK GLEBE,

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Respondent.

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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).
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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).
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ORDER - 1

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Therefore, the Court having considered the R&R, Blakely’s objections, and the

2 remaining record, does hereby find and order as follows:
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(1)

The R&R is ADOPTED;

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(2)

The Clerk shall TRANSFER the petition to the Ninth Circuit; and

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(3)

This case shall be administratively closed.

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Dated this 13th day of August, 2014.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2