Crabtree v. State of Washington et al

Filing 8

ORDER RE: LATE-FILED OBJECTIONS AND ORDER DECLINING TO ISSUE CERTIFICATE OF APPEALABILITY re 7 Objections filed by Mark Alan Crabtree - Having reviewed Mr. Crabtree's objections, the court finds that they do not warrant a change to the disposition of his habeas petition. The court also declines to issue a certificate of appealability. SEE ORDER FOR FURTHER INSTRUCTION.by Judge James L. Robart. (SA)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 I. v. STATE OF WASHINGTON, Respondent. MARK ALAN CRABTREE, Petitioner, CASE NO. C10-0490JLR ORDER RE: LATE-FILED OBJECTIONS AND ORDER DECLINING TO ISSUE CERTIFICATE OF APPEALABILITY OBJECTIONS UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE

The court has reviewed Petitioner Mark Alan Crabtree's late-filed objections (Dkt.

18 # 7) to the Report and Recommendations of the Honorable Mary Alice Theiler, United 19 States Magistrate Judge. On June 7, 2010, the court entered an order adopting the Report 20 and Recommendations and entering judgment. (See Dkt. ## 5, 6.) Later on the same 21 day, Mr. Crabtree filed his objections. Having reviewed Mr. Crabtree's objections, the 22 court finds that they do not warrant a change to the disposition of his habeas petition.
ORDER- 1

1 2

II.

CERTIFICATE OF APPEALABILITY

The court also declines to issue a certificate of appealability. A habeas petitioner

3 can appeal the denial of a 28 U.S.C. § 2254 petition only after obtaining a "certificate of 4 appealability." 28 U.S.C. § 2253(c); see generally United States v. Asrar, 116 F.3d 1268 5 (9th Cir. 1997). A court may issue a certificate of appealability "only if the applicant has 6 made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 7 2253(c)(2). That is, a petitioner must show that "reasonable jurists could debate whether 8 . . . the petition should have been resolved in a different manner or that the issues 9 presented were adequate to deserve encouragement to proceed further." Slack v. 10 McDaniel, 529 U.S. 473, 484 (2000) (quotations omitted); see Hanson v. Mahoney, 433 11 F.3d 1107, 1112 (9th Cir. 2006). 12 Here, Mr. Crabtree has not made a substantial showing of the denial of a

13 constitutional right. The court is not persuaded that reasonable jurists could debate 14 whether the petition should have been resolved differently or that the issues presented are 15 adequate to deserve encouragement to proceed further. The court therefore DECLINES 16 to issue a certificate of appealability. 17 18 19 20 21 22
ORDER- 2

Dated this 16th day of June, 2010.

A____
JAMES L. ROBART United States District Judge