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ORDER DISMISSING HABEAS PETITION

PAGE – 1

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

MARYELLEN MATHIS, et al.,

 Petitioner,

 v.

GARY FLEMING, et al.,

 Respondents.

 CASE NO. C06-56-RSL-JPD

 ORDER DISMISSING PETITION 

 

Maryellen Mathis and Michael Howard Hunter have filed a petition for writ of habeas

corpus on behalf of Jason R. Walker, challenging Walker’s conviction in state court for firstdegree child molestation. (Doc. #1). Mathis and Hunter contend that they have standing to file

the petition as “next friends” of Walker. They have also filed a motion seeking Walker’s release

pending consideration of the habeas petition. (Doc. #2). After they filed these initial documents,

Mathis filed a renewed motion for Walker’s release and a motion to strike Hunter as “next

friend.” (Doc. #4). Having reviewed the petition, the documents in support thereof, the

motions, and the balance of the record, the Court does hereby find and ORDER as follows:

(1) In order to establish next-friend standing, the putative next friend must show: (i) that

the petitioner is unable to litigate his own cause due to mental incapacity, lack of access to court,

or other similar disability; and (ii) the next friend has some significant relationship with, and is

truly dedicated to the best interests of, the petitioner. Whitmore v. Arkansas, 495 U.S. 149, 163-

64 (1990); Massie v. Woodford, 244 F.3d 1192, 1194 (9th Cir. 2001). Here, Mathis and Hunter

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 In addition, the Court notes that Hunter has been a party in approximately 40 actions in 

 this district. In 1990, after finding that Hunter was “placing a great burden on the Court by 

 reason of the large number of frivolous and/or malicious filings,” the Honorable John C. 

Coughenour ruled that Hunter must show “good cause” before being permitted to proceed in 

 forma pauperis in future cases. See Hunter v. Aldridge, Case No. C90-616C (Doc. 7.) 

ORDER DISMISSING HABEAS PETITION

PAGE – 2

contend that they are, respectively, the mother and uncle of Walker. (Doc. #1 at 2). It appears

that this assertion satisfies the second prong of the test for “next friend” status. However, as

described below, Mathis and Hunter fail to satisfy the first prong. 

Mathis and Hunter assert that petitioner is unable to litigate his own cause due to mental

incapacity. But they fail to support this claim with any evidence, other than their own affidavits. 

(Doc. #3, #4). The court notes that Hunter filed a petition with the court in September, 2005, in

which he asserted that he himself was mentally incompetent and needed an attorney to represent

him.1

 (Doc. #9 in Case No. MS05-149). In addition, Mathis’ affidavit contains only her own

assertions that her son is unable to represent himself because he “is undergoing psychiatric

treatment.” (Doc. #4 at 14). Thus, the affidavits of Hunter and Mathis do not present any

independent, objective evidence that Walker is unable to litigate his own cause due to mental

incapacity. They are therefore insufficient to satisfy the first prong of the test for “next friend”

status.

Accordingly, Mathis and Hunter have failed to show that they qualify for “next friend”

status. The petition for a writ of habeas corpus (Doc. #1) is consequently DISMISSED without

prejudice for lack of standing. The pending motions for release (Doc. #2, #4) are similarly

DISMISSED without prejudice. 

(2) The Clerk shall send copies of this Order to Mathis, Hunter, and petitioner, and to

U.S. Magistrate Judge James P. Donohue.

DATED this 20th day of January, 2006.

A

Robert S. Lasnik

United States District Judge 

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ORDER DISMISSING HABEAS PETITION

PAGE – 3

Recommended for Entry

this 19th day of January, 2006.

/s/ JAMES P. DONOHUE 

United States Magistrate Judge

Case 2:06-cv-00056-RSL-JPD Document 6 Filed 01/20/06 Page 3 of 3