Demos v. State of Washington

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE JOHN ROBERT DEMOS, JR., 9 Petitioner, Case No. 2:23-cv-00058-DGE 10 v. ORDER ADOPTING REPORT AND RECOMMENDATION (DKT. NO. 2) STATE OF WASHINGTON, 12 Respondent.

14 Having reviewed the Report and Recommendation (Dkt. No. 2) of the Honorable Michelle L. Peterson, United States Magistrate Judge, any objections or responses to that, and the remaining record, the Court finds and ORDERS: 17 (1) The Court ADOPTS the Report and Recommendation.

18 (2) The Clerk shall administratively CLOSE this matter and STRIKE any pending motions as moot. See Demos v. Stanley, MC97-31-JLW (W.D. Wash. Mar. 13, 1997). The Court further adds in response to Plaintiff’s objections (see Dkt. No. 3 at 2) that the Court in In re Demos, 500 U.S. 16 (1991) did not hold that Plaintiff had an unqualified right to file writs of habeas corpus in forma pauperis in this, or any other judicial forum. See id. at 17. Indeed, the Court warned Plaintiff against abusing the system.

1 (3) The Clerk is directed to send copies of this Order to Plaintiff and to Judge Peterson.

3 Dated this 28th day of February, 2023 A David G. Estudillo 6 United States District Judge