Opinion
CASE NO. C19-1095 MJP-BAT
07-17-2019
JOHN ROBERT DEMOS, Petitioner, v. DONALD R. HOLBROOK, Respondent.
REPORT AND RECOMMENDATION
Bar-order litigant John Demos filed an application to proceed in forma pauperis with a proposed 28 U.S.C. § 2254 habeas petition. Dkt. 1. An Order of this Court, however, provides for the summary dismissal 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); see also Demos v. U.S. Dist. Court for Eastern Dist. of Washington, 925 F.2d 1160 (9th Cir. 1991) (barring Mr. Demos's petitions seeking extraordinary writs pursuant to 28 U.S.C. §§ 1651, 2253, or 2254 directed at the United States District Courts for the Eastern and Western Districts of Washington unless accompanied by a filing fee).
As petitioner has submitted no filing fee, the Court recommends that, pursuant to the Court's Order of March 13, 1997, this matter be DISMISSED. 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.
DATED this 17th day of July, 2019.
/s/_________
BRIAN A. TSUCHIDA
Chief United States Magistrate Judge