Opinion
C24-0876-TL-SKV
07-02-2024
JOHN ROBERT DEMOS, JR., Petitioner, v. WASHINGTON STATE ATTORNEY GENERAL, Respondent.
REPORT AND RECOMMENDATION
S. KATE VAUGHAN UNITED STATES MAGISTRATE JUDGE
Petitioner John Demos is a Washington prisoner who is well known locally and nationally as an abusive litigant. Mr. Demos has submitted to the Court for filing a Petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.Dkt. 1. He also submitted an application to proceed in district court without prepaying fees or costs. Dkt. 2. However, an Order of this Court provides for the return without filing of any petition submitted by Mr. Demos that seeks an extraordinary writ pursuant to 28 U.S.C. §§ 1651, 2253, or 2254, unless such petition is accompanied by the filing fee. See Demos v. Stanley, MC97-0031-JLW (W.D. Wash. Mar. 13, 1997). Mr. Demos failed to submit the requisite filing fee for this action. As such, the Court recommends that, pursuant to the Court's Order of March 13, 1997, the Clerk be DIRECTED to administratively CLOSE this matter. A proposed Order is attached.
This Petition is docketed as proceeding under 28 U.S.C. § 2241; however, because Mr. Demos has used the Court's form for filing a Petition under 28 U.S.C. § 2254, and because it appears he seeks to challenge the validity of his state court conviction, the Court construes his Petition as arising under 28 U.S.C. § 2254. See Dkt. 1.
There is what may be a handwritten caption for the Ninth Circuit Court of Appeals added to the top of the Petition. It is not entirely clear whether Petitioner intended to direct his submission to the Ninth Circuit or to this Court. Irrespective of this, the Petition is subject to the Court's Order of March 13, 1997, and should be dismissed.
Objections to this Report and Recommendation, if any, should be filed with the Clerk and served upon all parties to this suit not later than fourteen (14) days from the date on which this Report and Recommendation is signed. Failure to file objections within the specified time may affect your right to appeal. Objections should be noted for consideration on the District Judge's motions calendar fourteen (14) days from the date they are filed. Responses to objections may be filed by the day before the noting date. If no timely objections are filed, the matter will be ready for consideration by the District Judge on July 23, 2024.