Opinion
C22-5338-RSM-BAT
05-19-2022
JOHN ROBERT DEMOS, JR., Petitioner, v. STATE OF WASHINGTON, Respondent.
REPORT AND RECOMMENDATION
BRIAN A. TSUCHIDA, UNITED STATES MAGISTRATE JUDGE.
Bar-order litigant John Demos has filed an application to proceed in forma pauperis with a proposed 28 U.S.C. § 2254 habeas petition that challenges his continued confinement in Washington State Penitentiary. Dkt. 1. An Order of this Court 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 Mr. Demos 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. The Clerk should note the matter as ready for the District Judge's immediate consideration on May 19, 2022.