Ivie v. Haynes

Filing 6

ORDER ADOPTING 5 REPORT AND RECOMMENDATION, by Judge Ricardo S. Martinez. The case is DISMISSED without prejudice. The Clerk shall REFER the 4 Petition to the Court of Appeals for the Ninth Circuit for review as a second or successive habeas petition under Circuit Rule 22-3(a). (Ad hoc: Ninth Circuit) **1 PAGE(S), PRINT ALL**(Martin Ivie, Prisoner ID: 307402)(ST)

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Case 3:22-cv-05197-RSM Document 6 Filed 05/09/22 Page 1 of 1 1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 8 MARTIN STANLEY IVIE, Petitioner, 9 10 11 14 ORDER OF DISMISSAL AND REFERENCE TO CIRCUIT COURT v. RONALD HAYNES, Respondent. 12 13 CASE NO. 3:22-cv-05197-RSM-BAT Having reviewed the Report and Recommendation of the assigned United States Magistrate Judge, any objections, and the remaining record, the Court finds and ORDERS: 15 (1) The Court ADOPTS the Report and Recommendation. 16 (2) The case is dismissed without prejudice and the Clerk shall refer the federal 17 habeas petition to the Circuit Court of Appeals for the Ninth Circuit for review as a second or 18 successive habeas petition under Circuit Rule 22-3(a). 19 (3) 20 DATED this 9th day of May, 2022. The Clerk is directed to send copies of this Order to the parties. 21 A 22 RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE 23 ORDER OF DISMISSAL AND REFERENCE TO CIRCUIT COURT - 1

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