Nguyen v. Ferguson

Opinion

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5 6 7 UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT TACOMA 9 10 QUY DINH NGUYEN, CASE NO. 2:24-cv-01163-JLR-GJL 11 Petitioner, v. REPORT AND RECOMMENDATION 12 BOB FERGUSON, et al. Noting Date: February 18, 2025 13 Respondent. 14 15 This is a federal habeas action filed under 28 U.S.C. § 2254. Currently before the Court is 16 Respondents’ Motion to Dismiss (the “Motion”). Dkt. 15. In the Motion, Respondents argue that 17 this is “unquestionably Nguyen’s second federal habeas petition challenging his 2012 state court 18 judgment.” Dkt. 15 at 4. They contend that the Petition (Dkt. 4) should therefore be dismissed for 19 a lack of jurisdiction or transferred to the Ninth Circuit for consideration as an Application for 20 Permission to File a Second or Successive Petition. Dkt. 15 at 7. Petitioner did not file a response 21 to the Motion. 22 // 23 24 1 On January 30, 2025, Petitioner filed an Application for Permission to File a Second or 2 Successive Petition with the Ninth Circuit. Dkt. 17. Because Respondents’ Motion is premised 3 on Petitioner’s failure to obtain the Ninth Circuit’s permission for a second or successive 4 petition, the Court RECOMMENDS that the Motion (Dkt. 15) be DENIED as MOOT. A

5 Proposed Order accompanies this Report and Recommendation. 6 Pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b), the parties 7 shall have fourteen (14) days from service of this report to file written objections. See also Fed. 8 R. Civ. P. 6. Failure to file objections will result in a waiver of those objections for purposes of 9 de novo review by the district judge, see 28 U.S.C. § 636(b)(1)(C), and can result in a waiver of 10 those objections for purposes of appeal. See Thomas v. Arn, 474 U.S. 140, 142 (1985); Miranda 11 v. Anchondo, 684 F.3d 844, 848 (9th Cir. 2012) (citations omitted). Accommodating the time 12 limit imposed by Rule 72(b), the Clerk is directed to set the matter for consideration on February 13 18, 2025, as noted in the caption. 14 Dated this 4th day of February, 2025.

15 A 16 17 Grady J. Leupold United States Magistrate Judge 18 19 20 21 22 23 24