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Currie v. Glebe

United States District Court, Ninth Circuit

December 30, 2013

LEON D. CURRIE, Petitioner,
v.
PATRICK GLEBE, Respondent.

ORDER ADOPTING REPORT AND RECOMMENDATION

BENJAMIN H. SETTLE, District Judge.

This matter comes before the Court on the Report and Recommendation ("R&R") of the Honorable J. Richard Creatura, United States Magistrate Judge (Dkt. 4), and Leon D. Currie's ("Currie") objections to the R&R (Dkt. 5).

Judge Creatura correctly found Currie's petition to be second or successive because Currie has filed two other habeas corpus petitions challenging this same conviction: C00-5484FDB/JKA and C06-5429RBL/KLS. See Dkt. 4. Due to the second or successive nature of the petition, Currie must seek authorization from the Ninth Circuit before filing a new petition. 28 U.S.C. ยง 2244(b)(3)(A). Following Ninth Circuit Rule 22-3(a), [1] Judge Creatura properly recommended that Currie's petition be referred to the Ninth Circuit and the case be administratively closed without deciding whether the petition should be dismissed. Dkt. 4 at 2.

The Court having considered the R&R, Plaintiff's objections, and the remaining record, does hereby find and order as follows:

(1) The R&R is ADOPTED;
(2) This action is TRANSFERRED to the Ninth Circuit; and
(3) The Clerk is directed to administratively close the case.

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