White v. State of Washington Doc.

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Case 2:06-cv-01476-JLR Document 4 Filed 10/23/2006 Page 1 of 1

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UNITED STATES DISTRICT COURT
4 WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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ROBIN L. WHITE, )
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Petitioner, ) CASE NO. C06-1476-JLR-MJB
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v. )
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STATE OF WASHINGTON, ) REPORT & RECOMMENDATION
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Respondent. )
10 ____________________________________)

11 Petitioner is a state prisoner who has filed a pro se petition for a writ habeas corpus pursuant

12 to 28 U.S.C. § 2254. Petitioner has also filed an application for leave to proceed in forma pauperis.

13 (“IFP application”) (Dkt. #1). Respondent has not been served with a copy of the petition.

14 In screening the petition and IFP application, the court has become aware that petitioner

15 currently has a personal restraint petition pending with the Washington Court of Appeals. See White

16 v. Washington, Case No. 58790-1 (Personal restraint petition filed September 8, 2006). Thus, it

17 appears that petitioner has failed to exhaust his state remedies, which is a prerequisite to the filing of

18 a habeas petition. See 28 U.S.C. § 2254(b). In addition, a federal court should not entertain a

19 collateral attack on a conviction while other remedies are pending because to do so would thwart

20 judicial economy. See United States v. Deeb, 944 F.2d 545, 548 (9th Cir. 1991). Thus, the court

21 concludes that the instant habeas petition is premature and should be dismissed without prejudice. A

22 proposed Order accompanies this Report and Recommendation.

23 DATED this 23rdday of October, 2006.

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A
MONICA J. BENTON
United States Magistrate Judge
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