Campbell v. Blodgett
| Decision Date | 21 February 1991 |
| Docket Number | No. 89-35210,89-35210 |
| Citation | 927 F.2d 444 |
| Parties | Charles Rodman CAMPBELL, Petitioner-Appellant, v. James BLODGETT, Superintendent of Washington State Penitentiary, Walla Walla, Washington; Kenneth Eikenberry, Attorney General of the State of Washington, Respondents-Appellees. . Order |
| Court | U.S. Court of Appeals — Ninth Circuit |
Al Lyon, Mestel & Muenster, Everett, Wash., Robert Gombiner, Nance, Iaria & Gombiner, Seattle, Wash., for petitioner-appellant.
Charles R. Campbell, Monroe, Wash., in pro per.
Paul D. Weisser, Asst. Atty. Gen., Olympia, Wash., John M. Jones, Asst. Atty. Gen., Corrections Div., Olympia, Wash., for respondents-appellees.
Before HUG, POOLE and HALL, Circuit Judges.
The order filed February 21, 1991 is ordered published.
The court has under submission an appeal on behalf of Charles Rodman Campbell from the order of the United States District Court for the Western District of Washington denying his petition for habeas corpus.
On January 23, 1990, petitioner filed a motion to withdraw from submission three of the issues tendered by him therein, the withdrawal to be "without prejudice" to petitioner's right to pursue his requests to this court for habeas corpus relief. Although represented by counsel, petitioner has moved to dismiss the counsel representing him before this court and to allow him to proceed pro se, but also to have new counsel appointed. That motion also is under submission.
We have been advised that petitioner filed a personal restraint petition in the Supreme Court of Washington at No. 57406-5 of the records of that court; that his request to that court for appointment of counsel was granted on August 2, 1990; and that Michael P. Iaria, Esquire, was appointed to be counsel for petitioner in that petition. We are further informed that on August 2, 1990, the Supreme Court of Washington established a briefing schedule concerning the issues tendered by the personal restraint petition and set a hearing date thereon for February 5, 1991.
This court has not been advised by counsel for the State of Washington, by counsel appointed to represent petitioner on his personal restraint petition, or by Messrs. Al Lyon and Robert Gombiner, who are counsel of record on behalf of petitioner-appellant on the appeal pending before us, as to the current status of the proceedings in the Washington Supreme Court. The court understands, however, that the personal restraint issues were argued on or...
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Campbell v. Wood
...with the pending appeal on the second petition. Campbell v. Blodgett, 940 F.2d 549 (9th Cir.1991); see also Campbell v. Blodgett, 927 F.2d 444 (9th Cir.1991). Campbell filed his third habeas corpus petition in the district court on September 18, 1991. The district court dismissed the petiti......
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Coleman v. Vasquez, C 89-1906 RFP.
..."all issues raised by the petitioner be ruled upon by the state Supreme Court prior to any ruling by this court." Campbell v. Blodgett, 927 F.2d 444, 445 (9th Cir.1991).5 Comity and federalism address the federal court's consideration of the merits of a claim; we have found no case that ext......