Gonzalez-Quezada v. Vail

Filing 24

ORDER OF DISMISSAL AND ADOPTING REPORT AND RECOMMENDATIONS re 21 Report and Recommendations, by Hon. Brian A Tsuchida. (MD, MAILED COPY OF ORDER TO PLTF)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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JESUS GONZALEZ-QUEZADA,

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The Court, having reviewed petitioner’s 28 U.S.C. § 2254 petition for writ of habeas

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Petitioner,
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v.
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ELDON VAIL,
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Respondent.

Case No. C11-639-RSM

ORDER OF DISMISSAL

14 corpus, respondent’s Answer, the Report and Recommendation of the Honorable Brian A.
15 Tsuchida, United States Magistrate Judge, any objections or responses to that, and the remaining
16 record, finds and orders as follows:
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1.

The Report and Recommendation is ADOPTED;

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2.

Petitioner’s § 2254 habeas petition is DISMISSED without prejudice to refiling

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once all claims have been fully exhausted in state court;

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3.

Petitioner is DENIED issuance of a certificate of appealability; and

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4.

The Clerk shall send a copy of this Order to the parties and to Judge Tsuchida.

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DATED this 23 day of December 2011.

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RICARDO S. MARTINEZ
UNITED STATES DISTRICT JUDGE
ORDER OF DISMISSAL- 1