Stewart v. Boening

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATION; petitioner's habeas petition and this action are dismissed with prejudice by Judge Robert S. Lasnik. (RS)cc M Stewart

01 02 03 04 05 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE ) ) Petitioner, ) ) v. ) ) RON VAN BOENING, ) ) Respondent. ) ____________________________________ ) CASE NO. C09-1511-RSL

06 MICHAEL JAY STEWART, 07 08 09 10 11 12

ORDER DENYING PETITIONER'S HABEAS PETITION WITH PREJUDICE

The Court, having reviewed petitioner's petition for writ of habeas corpus, respondent's

13 answer thereto, the Report and Recommendation of Mary Alice Theiler, United States 14 Magistrate Judge, and the remaining record, does hereby find and Order: 15 16 17 18 19 20 21 22 (1) (2) (3) (4) The Court adopts the Report and Recommendation; Petitioner's habeas petition and this action are DISMISSED, with prejudice; Petitioner is not entitled to a certificate of appealability; and The Clerk is directed to send copies of this Order to petitioner, to counsel for respondent, and to Judge Theiler. Dated this 5th day of April, 2010. Robert S. Lasnik United States District Judge

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ORDER DENYING PETITIONER'S HABEAS PETITION WITH PREJUDICE PAGE -1