Kent v. State of Washington

THE HONORABLE JOHN C. COUGHENOUR UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE MELVIN D. KENT, CASE NO. C20-0296-JCC Petitioner, ORDER 11 v. STATE OF WASHINGTON, 13 Respondent.

15 This matter comes before the Court on Petitioner’s objections (Dkt. No. 9) to the report and recommendation of the Honorable Michelle L. Peterson, United States Magistrate Judge (Dkt. No. 8). Petitioner seeks relief under 28 U.S.C. § 2254 from a 2006 judgment and sentence of the Snohomish County Superior Court. (See Dkt. No. 5-1 at 1.) Judge Peterson recommends that the Court dismiss Petitioner’s habeas petition without prejudice because he has not exhausted his state court remedies. (Dkt. No. 8 at 2.) Petitioner concedes that he did not present his federal habeas claims to the state courts for review, but he argues that those claims were “vicariously” exhausted because a different individual, Scott Fischer, unsuccessfully appealed his conviction to the Washington Supreme Court. (See Dkt. No. 9 at 1.) However, one individual cannot vicariously exhaust another individual’s habeas claims because habeas claims are personal to each individual. See McKinney v. Ryan, 730 F.3d 903, 912 (9th Cir. 2013).

26 Accordingly, the Court ORDERS as follows: 1. Petitioner’s objections (Dkt. No. 9) are OVERRULED; 2. Judge Peterson’s report and recommendation (Dkt. No. 8) is APPROVED and 3 ADOPTED; 3. Petitioner’s habeas petition is DISMISSED without prejudice; 4. Petitioner is DENIED a certificate of appealability; and 5. The Clerk is DIRECTED to send copies of this order to Petitioner and to Judge Peterson.

7 DATED this 1st day of May 2020.

A John C. Coughenour 11 UNITED STATES DISTRICT JUDGE