Turay v. Cunningham

Filing 40

ORDER ADOPTING REPORT AND RECOMMENDATION; petitioner's 2254 habeas petition is dismissed by Judge Ricardo S Martinez. (RS) cc Turay

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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RICHARD G. TURAY,
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Petitioner,

Case No. C11-1366 RSM

Respondent.

ORDER DISMISSING 28 U.S.C.
§ 2254 HABEAS PETITION WITH
PREJUDICE AND DENYING
CERTIFICATE OF
APPEALABILITY

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v.
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KELLY CUNNINGHAM,
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The Court, having reviewed petitioner’s 28 U.S.C. § 2254 petition for writ of habeas
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corpus, respondent’s Answer, petitioner’s document regarding exhaustion of annual reviews, the
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Report and Recommendation of the Honorable Brian A. Tsuchida, United States Magistrate
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Judge, any objections or responses to that, and the remaining record, finds and orders as follows:
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1.

The Report and Recommendation is ADOPTED;

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Petitioner’s § 2254 habeas petition is DISMISSED with prejudice based on the

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law of the case doctrine;
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3.

Petitioner is DENIED issuance of a certificate of appealability; and

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

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DATED this 2nd day of October 2013.
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A

RICARDO S. MARTINEZ
UNITED STATES DISTRICT JUDGE
ORDER DISMISSING 28 U.S.C. § 2254 HABEAS PETITION WITH
PREJUDICE AND DENYING CERTIFICATE OF APPEALABILITY- 1