United States District Court, W.D. Washington, Seattle
ORDER DENYING PETITIONER'S SECOND HABEAS
J. PECHMAN, UNITED STATES SENIOR DISTRICT JUDGE
above-entitled Court, having received and reviewed:
1. Petition (Dkt. No. 1) and Second Opening Brief (Dkt. No.
2. Respondent State of Washington's Answer and Memorandum
of Authorities (Dkt. No. 29),
3. Petitioner's Reply to the Washington State Attorney
General's Response (Dkt. No. 31),
attached declarations and exhibits, and relevant portions of
the record, rules as follows:
ORDERED that the petition is DENIED, and the matter is
2007, Petitioner plead guilty to second degree assault in
Whatcom County, a plea which he then appealed. His judgment
and sentence were affirmed by the Court of Appeals, and
Petitioner sought no further review of that determination in
November of 2007, Petitioner filed a motion to dismiss in
Whatcom County and also a petition for habeas corpus. In
January of 2008, Whatcom County Superior Court denied his
motion as well as his petition, and Petitioner appealed those
decisions. The state Court of Appeals vacated the January
order and remanded for consideration of Petitioner's
motions in light of the requirements of CrR 7.8. Whatcom
Superior Court then transferred Petitioner's motion and
habeas petition to the Court of Appeals as a personal
restraint petition (“PRP”).
instead of filing a PRP brief, Petitioner filed a motion for
relief from judgment, which the Court of Appeals dismissed.
The Washington Supreme Court denied Petitioner's request
for review on September 9, 2010.
year later (September 9, 2011), Petitioner filed his first
federal habeas petition, challenging his 2007 state
conviction. See C11-1492-MJP. This Court initially
denied relief (Id. at Dkt. No. 10), but eventually
vacated that judgment and granted the habeas petition.
Id. at Dkt. No. 65. The Ninth Circuit Court of
Appeals reversed and remanded back to this Court. In
conformity with the appellate remand, the petition was denied
and judgment entered in favor of Respondent. Id. at
Dkt. No. 76. Petitioner's request for certiorari to the
Supreme Court was denied on June 5, 2017.
to the current matter: On May 14, 2018, Petitioner filed a
motion under § 2255 alleging ineffective assistance of
counsel. Dkt. No. 1. On January 30, 2019, the United
States' motion to recharacterize the petition under
§ 2254 was granted (Dkt. No. 25); the State of
Washington substituted in as the proper responding party
shortly thereafter. Dkt. Nos. ...