Mute v. State of Alaska

Filing 144

ORDER Denying Second Amended Petition for Writ of Habeas Corpus at Docket 45 and Denying Motion for Evidentiary Hearing at Docket 133 . (JPS, CHAMBERS STAFF)

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA STANLEY MUTE DATE: June 20, 2012 v. STATE OF ALASKA CASE NO. 4:08-CV-0010-RRB THE HONORABLE RALPH R. BEISTLINE PROCEEDINGS: MINUTE ORDER FROM CHAMBERS DENYING SECOND AMENDED PETITION This matter has been extensively litigated and has been well briefed by the parties. It has also been the subject of a thorough and well-reasoned Recommendation by the Magistrate Judge, which this Court ADOPTS in its entirety. The Court concludes, for the reasons set forth by the Magistrate Judge at Docket 138, that Petitioner is not entitled to relief herein because his claim was adjudicated on the merits in State Court and does not qualify for relief under 28 U.S.C. § 2254(d). Petitioner is also not entitled to an evidentiary hearing under 28 U.S.C. § 2254(e)(2). Therefore, Petitioner's Second Amended Petition for Writ of Habeas Corpus at Docket 45 is DENIED and his Motion for Evidentiary Hearing at Docket 133 is DENIED.

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