Thunderbird v. State of Oregon
Kenneth Thunderbird |
Ms. Popoff and State of Oregon |
6:2017cv01117 |
July 14, 2017 |
US District Court for the District of Oregon |
Eugene (6) Office |
Stacie F. Beckerman |
Prisoner Petitions: Habeas Corpus (General) |
28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
None |
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Filing 12 OPINION AND ORDER: Upon review, I agree with Judge Beckerman's recommendation and I ADOPT the F&R 9 as my own opinion. The Petition 2 is dismissed without prejudice to Mr. Thunderbird's right to re-file if the Ninth Circuit aut horizes him to do so. To the extent that Mr. Thunderbird seeks to challenge the state court's denial of his request for DNA testing, I decline to recharacterize the Petition as a civil rights complaint because the Court lacks jurisdiction unde r the Rooker-Feldman doctrine. I grant Petitioner thirty days to refile an amended complaint challenging the constitutionality of Oregon's DNA statutory scheme, although he will be unable to proceed in forma pauperis, pursuant to 28 U.S.C. § 1915(g). IT IS SO ORDERED. Signed on 12/7/2017 by Chief Judge Michael W. Mosman. (Copy of order mailed to Petitioner.) (gw) |
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