Person v. Andrewjeski

Opinion

6 UNITED STATES DISTRICT COURT 7 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8

9 ANTHONY SHRONE PERSON, No. 23-cv-5434-BJR 10 Petitioner,

11 v. ORDER DENYING MOTION TO REOPEN CASE AND DIRECTING 12 MELISSA ANDREWJESKI, PETITIONER TO FILE NO Respondent. FURTHER PLEADINGS IN THIS 13 CASE

14 On March 11, 2024, this Court issued an Order Adopting the Report and Recommendation 15 16 of Magistrate Judge Theresa Fricke, and dismissed the 28 U.S.C. § 2254 petition of Petitioner, 17 formerly known as Anthony Shrone Person (n/k/a Jafaka Meno Matiya, “Petitioner”). The Court 18 entered the judgment on that day, and also denied a Certificate of Appealability. Several days later, 19 Petitioner filed a Motion to Amend Judgment, which the Court denied. On September 12, 2024, 20 the Ninth Circuit affirmed the denial of the Certificate of Appealability, finding that “appellant has 21 not shown that ‘jurists of reason would find it debatable whether the petition states a valid claim 22 23 of the denial of a constitutional right and that jurists of reason would find it debatable whether the 24 district court was correct in its procedural ruling.’” Order at 1, Dkt. No. 116 (citing Slack v. 25 McDaniel, 529 U.S. 473, 484 (2000)). 26

ORDER DENYING MOTION TO REOPEN CASE- 1 1 Currently before the Court is Petitioner’s Motion to Reopen Case, Dkt. No. 117, which 2 || Petitioner brings under Federal Rule 60(b)(6). Petitioner claims the magistrate judge failed to 3 adequately review the record or hold a “mandatory” hearing, among other purported deficiencies, 4 and seeks to “attack the integrity of the habeas proceedings” in this matter. ° Plaintiffs’ motion raises no issues that have not already been raised, and dispensed with, now by three successive courts. His motion fails to state cognizable grounds for reopening of this

g |} case, and is therefore DENIED. In addition, Petitioner’s Motion “Memorandum to the Court 9 || Notice of Official Misconduct,” Dkt. No. 118, is STRICKEN as having been filed in a closed case. 10 || No further filings will be accepted in this case. SO ORDERED. Dated: December 23, 2024. 12 13 Asner eu, 14 Barbara Jacobs Rothstein 15 U.S. District Court Judge 16 17 18 19 20 21 22 23 24 25 26 ORDER DENYING MOTION TO REOPEN CASE- 2