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)

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.