Gossett v. Bennett

Opinion

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4 5 UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON AT TACOMA 7 MARK J GOSSETT, Case No. 3:24-cv-05501-TMC 8 Plaintiff, ORDER ADOPTING REPORT AND 9 RECOMMENDATION v. 10 JASON BENNETT, 11 Defendant. 12 13

14 The Court, having reviewed the Report and Recommendation of Magistrate Judge David 15 W. Christel, objections to the Report and Recommendation, if any, and the remaining record, 16 does hereby find and ORDER: 17 (1) The Court adopts the Report and Recommendation. 18 a. Mr. Gossett has not filed any objections in this case. Within the time for 19 objections, he did file a notice of supplemental authority citing Erlinger v. 20 United States, 144 S. Ct. 1840 (2024). Construing this broadly as an objection, 21 the Court has conducted de novo review of the Report and Recommendation. 22 Fed. R. Civ. P. 72(b); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th 23 Cir. 2003) (en banc). 24 1 b. Erlinger has no bearing on the reason Judge Christel has recommended 2 dismissal: that this action is a second or successive habeas petition filed 3 without authorization from the Court of Appeals. See Dkt. 6 at 3; 28 U.S.C.

4 § 2244(b)(3) and (4); Magwood v. Patterson, 561 U.S. 320, 331 (2010). 5 c. This Court has conducted an independent review of the record and agrees with 6 Judge Christel that Mr. Gossett’s petition should be construed as one brought 7 under 28 U.S.C. § 2254, is second or successive, and must be dismissed. 8 (2) Petitioner’s federal habeas Petition, which is second or successive, is dismissed 9 without prejudice for lack of jurisdiction. 10 (3) Petitioner’s IFP Motion (Dkt. 1) and his other pending Motions and Requests 11 (Dkts. 1-8, 1-8, 1-10, 4, 5, 8, 9, 11, 13, 14) are denied as moot. 12 (4) A certificate of appealability is denied in this case.

13 (5) The Clerk is directed to send copies of this Order to Petitioner and to the Hon. David 14 W. Christel. 15 Dated this 13th day of August, 2024. 16 A 17 Tiffany M. Cartwright 18 United States District Judge

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