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)

Case 3:22-cv-05197-RSM Document 6 Filed 05/09/22 Page 1 of 1

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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MARTIN STANLEY IVIE,
Petitioner,

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ORDER OF DISMISSAL AND
REFERENCE TO CIRCUIT COURT

v.
RONALD HAYNES,
Respondent.

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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:

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(1)

The Court ADOPTS the Report and Recommendation.

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(2)

The case is dismissed without prejudice and the Clerk shall refer the federal

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habeas petition to the Circuit Court of Appeals for the Ninth Circuit for review as a second or

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successive habeas petition under Circuit Rule 22-3(a).

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(3)

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DATED this 9th day of May, 2022.

The Clerk is directed to send copies of this Order to the parties.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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ORDER OF DISMISSAL AND REFERENCE
TO CIRCUIT COURT - 1