Harris v. Obenland

Filing 10

ORDER ON REPORT AND RECOMMENDATION by Judge Robert J. Bryan. The Report and Recommendation (Dkt. 4) and Petitioner's Objections to Report and Recommendation to Proceed In Forma Pauperis (Dkt. 9) are MOOT. This matter is RE-REFERRED to Magistrate Judge Creatura for further proceedings. (cc: Damien Harris @ CBCC.)(DK)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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DAMIEN DARNELL HARRIS,
Petitioner,

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CASE NO. 3:15-cv-5191 RJB-JRC
ORDER ON REPORT AND
RECOMMENDATION

v.
MIKE OBENLAND,
Respondent.
This matter comes before the Court on United States Magistrate Judge J. Richard

17 Creatura’s Report and Recommendation (Dkt. 4). The Court has considered the Report and
18 Recommendation, and the file herein.
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On March 31, 2015, petitioner filed a § 2254 petition, requesting that the Court grant him

20 in forma pauperis status and waive the five dollar filing fee. Dkt. 1.
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On April 3, 2015, Magistrate Judge Creatura issued a Report and Recommendation,

22 recommending that the Court deny petitioner in forma pauperis status because he determined
23 that petitioner can afford to pay the five dollar filing fee. Dkt. 4.
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On April 9, 2015, petitioner paid the five dollar filing fee.
ORDER ON REPORT AND RECOMMENDATION
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On April 13, 2015, petitioner filed his Objections to the Report and Recommendation,

2 requesting that the Court grant him in forma pauperis status because he did not have the five
3 dollar filing fee when he signed and mailed his § 2254 petition. Dkt. 9.
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Magistrate Judge Creatura’s Report and Recommendation and petitioner’s Objections are

5 moot because petitioner has already paid the five dollar filing fee. Accordingly, the Court should
6 re-refer this case to Magistrate Judge Creatura for further proceedings.
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The Court, having reviewed the Report and Recommendation, and the file herein, does

8 hereby ORDER that:
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(1)

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and Recommendation to Proceed In Forma Pauperis (Dkt. 9) are MOOT.
(2)

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The Report and Recommendation (Dkt. 4) and Petitioner’s Objections to Report

This matter is RE-REFERRED to Magistrate Judge Creatura for further
proceedings.

(3)

The Clerk shall direct copies of this Order to all counsel and to Magistrate Judge
J. Richard Creatura.

The Clerk is directed to send uncertified copies of this Order to all counsel of record and

16 to any party appearing pro se at said party’s last known address.
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Dated this 16th day of April, 2015.

A

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ROBERT J. BRYAN
United States District Judge

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ORDER ON REPORT AND RECOMMENDATION
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