Davis v. Glebe

Filing 27

ORDER denying 24 Motion for relief from judgment, signed by Judge Benjamin H. Settle.**2 PAGE(S), PRINT ALL**(CMG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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8 ANTHONY DAVIS,
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Petitioner,

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ORDER DENYING
PETITIONER’S MOTION FOR
RELIEF FROM JUDGMENT

v.

11 PATRICK GLEBE,
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CASE NO. C15-5092 BHS

Respondent.

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This matter comes before the Court on Petitioner Anthony Davis’s (“Davis”)

15 motion for relief from judgment (Dkt. 24).
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On July 7, 2015, the Court adopted a Report and Recommendation that Davis’s

17 petition for writ of habeas corpus be denied because “Supreme Court precedent precludes
18 Mr. Davis from challenging his fully expired 1986 convictions used to enhance his 1995
19 conviction.” Dkt. 18 at 4. The Court entered judgment that same day. On August 18,
20 2015, Davis filed a motion for relief from judgment arguing that the Court failed to
21 review the entire record. Dkt. 24. On August 21, 2015, the Government responded and
22 argued that the Court should deny the motion for lack of jurisdiction because Davis

ORDER - 1

1 appealed the Court’s judgment. Dkt. 25. On September 21, 2015, the Ninth Circuit
2 denied Davis’s appeal. Dkt. 26.
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In this case, the Court finds that Davis’s motion is frivolous. No matter the extent

4 of the Court’s review, the fact is that Davis’s petition is barred by Supreme Court
5 precedent. Therefore, the Court DENIES the motion. The Court also DENIES a
6 certificate of appealability because reasonable jurists would not debate the validity of
7 Davis’s motion.
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IT IS SO ORDERED.

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Dated this 1st day of October, 2015.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2