Thiery v. Gilbert

Filing 10

ORDER ADOPTING 9 AMENDED REPORT AND RECOMMENDATION, by Judge Ronald B. Leighton. Petitioner filed a second or successive petition for relief under 28 U.S.C. § 2254 without the Ninth Circuit's permission. Therefore, Petitioner's 28 U.S.C. § 2254 petition [Dkt. #4] is DISMISSED WITHOUT PREJUDICE. (Attachments: # 1 9th CCA Form 12- Application)**9 PAGE(S), PRINT ALL**(Robert Thiery, Prisoner ID: 704828)(GMR)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

7
8

ROBERT JOHN THIERY, JR.,

9

Plaintiff,

10
11

14
15
16
17

MARGARET GILBERT,
Defendants.
The Court, having reviewed the Report and Recommendation of Magistrate Judge J.
Richard Creatura, objections to the Report and Recommendation, if any, and the remaining
record, does hereby find and ORDER:
(1)

The Court adopts the Amended Report and Recommendation [Dkt. #9].

(2)

Petitioner filed a second or successive petition for relief under 28 U.S.C. § 2254
without the Ninth Circuit’s permission. He argues his 1994 conviction is
unconstitutional after the Washington Supreme Court’s 2014 ruling in State v.
Williams, 336 P.3d 1152 (2014). Justice does not demand that the Court transfer
his petition to the Ninth Circuit. See CTA9 Rule 22-3.

(3)

Therefore, Petitioner’s 28 U.S.C. § 2254 petition [Dkt. #4] is DISMISSED
WITHOUT PREJUDICE.

(4)

The Clerk is directed to send copies of the Ninth Circuit Court of Appeals Form
12-Application for Leave to File Second or Successive Petition Under 28 U.S.C.
§ 2254 or Motion Under 28 U.S.C. § 2255 and a copy of Ninth Circuit Rule 22.3.

18
19
20
21
22

ORDER ADOPTING REPORT
AND RECOMMENDATION

v.

12
13

CASE NO. 3:16-cv-06034 RBL

23
24

ORDER - 1

1

(5)

The Clerk is also directed to send copies of this Order to Petitioner and to the
Hon. J. Richard Creatura.

2
DATED this 13th day of March, 2017.
3

A

4
5

Ronald B. Leighton
United States District Judge

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

ORDER - 2