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Demos v. King County Superior Court

United States District Court, W.D. Washington, Seattle

March 4, 2014

JOHN ROBERT DEMOS, JR., Petitioner,
v.
KING COUNTY SUPERIOR COURT, Respondent.

REPORT AND RECOMMENDATION

BRIAN A. TSUCHIDA, Magistrate Judge.

Bar-order litigant John Demos filed an application to proceed in forma pauperis with a proposed 28 U.S.C. § 2254 habeas petition.[1] (Dkt. 1.) An Order of this Court, however, provides for the return without filing of any petition by Mr. Demos that seeks an extraordinary writ pursuant to 28 U.S.C. §§ 1651, 2253 or 2254, unless accompanied by the filing fee. See Demos v. Stanley, MC97-0031-JLW (W.D. Wash. Mar. 13, 1997).

As petitioner has submitted no filing fee, the Court recommends that, pursuant to the Court's Order of March 13, 1997, the Clerk be DIRECTED to administratively close this matter and to strike any pending motions as moot. Moreover, Mr. Demos may not proceed with a second or successive habeas petition here unless and until the Ninth Circuit authorizes its filing. See 28 U.S.C. § 2244(b)(3)(A). A proposed Order is attached. This matter may be noted for consideration immediately.


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