Jackson v. Atkins

Filing 18

ORDER granting 17 Petitioner's Motion for Reconsideration; this matter is re-referred to Magistrate Judge Creatura for further proceedings; signed by Judge Ronald B. Leighton.**2 PAGE(S), PRINT ALL**(Lowell Jackson, Prisoner ID: )(DN)

HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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LOWELL EDWARD JACKSON,
Petitioner,

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v.

CASE NO. C17-6085 RBL
ORDER

CHUCK E. ATKINS,

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Respondent.

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THIS MATTER is before the Court on Lowell Edward Jackson’s Motion for

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Reconsideration [Dkt. #17] of the Order Adopting the Magistrate Judge’s Report and

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Recommendations [Dkt. # 15].

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Jackson initially filed his Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. §

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2254. The Court referred the petition to the Magistrate Judge. The Magistrate Judge correctly

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observed that Jackson was challenging his pretrial detention, and that because no state court

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judgement had been entered against Jackson, a § 2254 petition was inappropriate. The Court

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adopted the Magistrate Judge’s Report and Recommendation denying Jackson’s § 2254 petition

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with leave to refile as a § 2241 petition. See Dkt. 15.

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ORDER - 1

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In his Motion for Reconsideration, Jackson avers that his custody status has changed

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since he initially filed his § 2254 petition, specifically that on June 14, 2018 he was sentenced to

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a 69-month term of imprisonment in the custody of the Washington Department of Corrections.

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Jackson has filed a notice of address change to reflect that he is presently incarcerated at the

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Washington Corrections Center in Shelton. Dkt. 14. Jackson asserts that a § 2254 petition is now

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the appropriate avenue for him to challenge his post-conviction confinement.

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Because Jackson now appears to be in custody pursuant to the judgment of a state court,

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the Motion for Reconsideration [Dkt. #15] is GRANTED. See McNeely v. Blanas, 336 F.3d 822,

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824 n.1 (9th Cir. 2003). Jackson’s § 2254 petition is re-referred to Magistrate Judge Creatura.

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IT IS SO ORDERED.

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Dated this 23rd day of July, 2018.

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A

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Ronald B. Leighton
United States District Judge

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ORDER - 2