Major v. Washington State Department of Corrections

Opinion

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5 WESTERN DISTRICT OF WASHINGTON 9 Petitioner, Case No.3:23-cv-05307-TMC 10 v. ORDER DISMISSING ACTION 12 Respondent. 13 14 Before the Court is the Report and Recommendation (“R&R”) of the Honorable Michelle 15 L.Peterson, United States Magistrate Judge, which recommends dismissal of Petitioner Jon 16 Major’s third amended petition for writ of habeas corpus under the “fugitive entitlement 17 doctrine,” pursuant to which courts may “dismiss an appeal or writ in a criminal matter when the 18 party seeking relief is a fugitive.” Degens v. United States, 517 U.S. 820, 823 (1996). No party 19 has objected to the R&R, which is now ripe for the Court’s consideration. See Dkt. 47 at 11. 20 Petitioner requested an extension of time for him to surrender, which was granted, Dkt. 52, but 21 he did not surrender. See Dkt. 53. After reviewing the briefing of the parties and the remaining 22 record, the Court hereby finds and ORDERS: 23 (1) The Report and Recommendation is approved and adopted. ORDER DISMISSING ACTION 1 (2) Petitioner’s third amended petition for writ of habeas corpus (Dkt. 18), and this 2 action, are DISMISSED without prejudice under the fugitive disentitlement doctrine. 3 (3) In accordance with Rule 11 of the Rules Governing Section 2254 Cases in the 4 United States District Courts, a certificate of appealability is DENIED.

5 (4) The Clerk is directed to send copies of this Order to Petitioner, to counsel for 6 Respondent, and to the Honorable Michelle L. Peterson. 7 DATED this 21st day of December, 2023. 8

9 A 10 Tiffany M. Cartwright 11 United States District Court Judge

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ORDER DISMISSING ACTION