Cole v. United States

• Court: District Court, W.D. Washington
• Decided: July 19, 2024
• Docket: 2:24-cv-01062
• Status: Unknown

Opinion

THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE 9 KALEB J. COLE, CASE NO. C24-1062-JCC 10 Petitioner, ORDER 11 v. 12 UNITED STATES OF AMERICA, 13 Respondent. 14

15 This matter comes before the Court on Kaleb Cole’s 28 U.S.C. § 2255 Petition for Writ 16 of Habeas Corpus (Dkt. No. 1). For the reasons described below, the Court DECLINES service, 17 DISMISSES this case, and DENIES the issuance of a certificate of appealability. 18 In 2021, Mr. Cole was convicted by a jury of Conspiracy to Mail Threatening 19 Communications, to Commit Stalking, and to Interfere with Federally Protected Activities; 20 Interference with a Federally Protected Activity; and three counts of Mailing Threatening 21 Communications. (See United States v. Kaleb Cole, Case No. CR20-0032-JCC-2, Dkt. No. 252 22 (W.D. Wash. 2021).) The Court sentenced him to 84 months of imprisonment. Id. at Dkt. No. 23 266. 24 He now moves for 28 U.S.C. § 2255 relief on the basis that the Court lacked subject 25 matter jurisdiction to hear this matter in the first place. (See generally Dkt. No. 1.) The Court has 26 reviewed the record and concludes that, indeed, it had subject matter jurisdiction to hear Mr. 1 Cole’s criminal case. For this reason, it conclusively finds that Mr. Cole is not entitled to the 2 relief he seeks. See 28 U.S.C. § 2255(b). Accordingly, the Court DECLINES to serve Mr. Cole’s 3 petition on the Government and DISMISSES this case. Further, it finds that reasonable jurists 4 would not conclude that Mr. Cole’s petition states a valid claim for relief. See United States v. 5 Winkles, 795 F.3d 1134, 1143 (9th Cir. 2015). It, therefore, DENIES issuance of a certificate of 6 appealability. 7 8 DATED this 19th day of July 2024. A 9 10 11 John C. Coughenour 12 UNITED STATES DISTRICT JUDGE 13 14 15 16 17

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