Pascuzzi v. Haynes

THE HONORABLE JOHN C. COUGHENOUR UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE ANTHONY JOSEPH PASCUZZI, CASE NO. C20-6135-JCC Petitioner, ORDER 11 v. RON HAYNES, 13 Respondent.

15 This matter comes before the Court on United States Magistrate Judge David Christel’s Report and Recommendation (“R&R”) recommending the Court dismiss Mr. Pascuzzi’s § 2254 petition without prejudice because he has not obtained permission from the Court of Appeals to pursue a second or successive petition (Dkt. No. 16). Mr. Pascuzzi filed a letter in which he does not object to Judge Christel’s conclusion but appears to ask the Court to overlook the deficiency and proceed to the merits. (See Dkt. No. 17.) However, as Judge Christel correctly concluded, the Court may not consider Mr. Pascuzzi’s second or successive petition absent permission from the Court of Appeals. See 28 U.S.C. § 2244(b)(3); see also Magwood v. Patterson, 561 U.S. 320, 330–31 (2010).

24 Thus, having reviewed the R&R and the relevant record, the Court ADOPTS the R&R, DISMISSES the petition without prejudice, and DENIES a certificate of appealability. The Court DIRECTS the Clerk to send copies of this order to Mr. Pascuzzi and to Judge Christel.

1 DATED this 10th day of May 2021.

A John C. Coughenour 5 UNITED STATES DISTRICT JUDGE