Smith v. Uttecht

Filing 48

ORDER by Judge John C Coughenour. The Court adopts the Report and Recommendation (Dkt. No. 46 .) Petitioner's habeas petition is DENIED and this action is DISMISSED, with prejudice. Petitioner is DENIED issuance of a certificate of appealability. (cc: petitioner)(CL)

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01 02 03 04 05 BEAU A. SMITH, 06 07 08 09 10 11 The Court, having reviewed petitioner's petition for writ of habeas corpus (Dkt. No. 12 16), respondent's answer thereto (Dkt. No. 42), the Report and Recommendation of the 13 Honorable Mary Alice Theiler, United States Magistrate Judge (Dkt. No. 46), and the balance 14 of the record, does hereby find and ORDER: 15 1) The Court adopts the Report and Recommendation (Dkt. No. 46); 16 2) Petitioner's habeas petition is DENIED and this action is DISMISSED, with prejudice; 17 3) Petitioner is DENIED issuance of a certificate of appealability, and 18 // 19 // 20 // 21 // 22 ) ) Plaintiff, ) ) v. ) ) JEFFREY A. UTTECHT, ) ) Defendant. ) ____________________________________ ) CASE NO. C08-0823-JCC UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE ORDER DENYING PETITIONER'S HABEAS PETITION WITH PREJUDICE ORDER DISMISSING § 1983 ACTION PAGE -1 01 02 03 4) The Clerk is directed to send copies of this Order to petitioner, to counsel for respondent, and to Judge Theiler. DATED this 8th day of October, 2010. 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 A John C. Coughenour UNITED STATES DISTRICT JUDGE ORDER DISMISSING § 1983 ACTION PAGE -2

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