Lewis v. Sinclair

Filing 36

ORDER ADOPTING REPORT AND RECOMMENDATION; habeas petition is denied and this matter is dismissed by Judge Ricardo S Martinez. (RS)cc Lewis

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 JAMES J. LEWIS, 8 Petitioner, 9 Case No. C11-671-RSM ORDER OF DISMISSAL v. 10 STEVE SINCLAIR, 11 Respondent. 12 The Court, having reviewed petitioner’s 28 U.S.C. § 2254 petition for writ of habeas 13 corpus, respondent’s answer, petitioner’s response, the Report and Recommendation of the 14 Honorable Brian A. Tsuchida, United States Magistrate Judge, any objections or responses to that, 15 and the remaining record, finds and orders as follows: 16 1. Petitioner’s motion to amend his objections (Dkt. #35) is GRANTED; 17 2. The Report and Recommendation is ADOPTED; 18 3. Petitioner’s § 2254 habeas petition is DENIED and this matter is DISMISSED 19 with prejudice; 20 4. Petitioner is DENIED issuance of a certificate of appealability; and 21 5. The Clerk shall send a copy of this Order to the parties and to Judge Tsuchida. 22 23 // // // // ORDER OF DISMISSAL- 1 1 DATED this 3rd day of November 2011. 2 A 3 4 RICARDO S. MARTINEZ UNITED STATES DISTRICT JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ORDER OF DISMISSAL- 2

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