Complita v. Uttecht

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA GERALD S. COMPLITA, CASE NO. C19-5285 BHS Petitioner, ORDER DENYING PETITIONER’S 8 v. MOTION FOR RECONSIDERATION JEFFREY A. UTTECHT, 10 Respondent.

12 This matter comes before the Court on Petitioner Gerald Complita’s (“Complita”) motion for reconsideration. Dkt. 22.

14 On September 6, 2019, the Court adopted the Report and Recommendation of the Honorable David W. Christel, United States Magistrate Judge, over Complita’s objections. Dkt. 20. The Court concluded that Complita had failed to exhaust his claims in state court and dismissed the petition without prejudice. Id. On September 19, 2019, Complita filed the instant motion arguing that he is entitled to federal review of his petition despite his failure to exhaust. Dkt. 22. The Court has rejected Complita’s arguments under binding precedent. Dkt. 20 at 2 (citing Calderon v. U.S. Dist. Court for N. Dist. of California, 134 F.3d 981, 984 (9th Cir. 1998) (exhaustion is “one of the pillars of federal habeas corpus jurisprudence.”)). Accordingly, the Court DENIES Complita’s motion for reconsideration.

3 IT IS SO ORDERED.

4 Dated this 23rd day of September, 2019.

A BENJAMIN H. SETTLE 7 United States District Judge