Youker v. Greilick

UNITED STATES DISTRICT COURT 5 WESTERN DISTRICT OF WASHINGTON AT TACOMA Jason Charles Youker, 7 No. 2:21-cv-00046-RSL Petitioner, v. ORDER ADOPTING REPORT AND 9 RECOMMENDATION B. Greilick, 10 Respondent.

12 The Court, having reviewed the Report and Recommendation of Magistrate Judge David W. Christel, objections to the Report and Recommendation, if any, and the remaining record, does hereby find and ORDER: (1) The Court adopts the Report and Recommendation. Petitioner clearly and 16 specifically identifies his 1998 conviction as the conviction under attack. See Dkt. # 3 at 1. A petitioner is not “in custody” on a prior conviction where the sentence 17 imposed has expired, even if that conviction has been used to enhance a subsequent sentence. Lackawanna Cty. Dist. Att’y v. Coss, 532 U.S. 394, 401 18 (2001).

(2) Petitioner’s federal habeas Petition is dismissed with prejudice. (3) A certificate of appealability is denied in this case. (4) The Clerk is directed to send copies of this Order to Petitioner, counsel for 22 Respondent, and to the Hon. David W. Christel.

24 Dated this 31st day of August, 2021.

Robert S. Lasnik 26 United States District Judge ORDER ADOPTING REPORT AND RECOMMENDATION- 1