Calcote v. Herzog

Filing 13

ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS by Judge Richard A Jones; The Court adopts the Report and Recommendation. Petitioner's federal habeas petition (Dkt. No. 1 ) is DENIED and this action is DISMISSED with prejudice. (TF) Modified on 12/24/2013 (TF).

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01 02 03 04 05 06 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 07 08 BERTRAN CALCOTE, 09 10 11 12 ) ) Petitioner, ) ) v. ) ) ROBERT HERZOG, ) ) Respondent. ) ____________________________________ ) CASE NO. C13-0614-RAJ ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS 13 14 The Court, having reviewed petitioner’s federal habeas petition, respondent’s answer to 15 the petition, the Report and Recommendation of Mary Alice Theiler, United States Magistrate 16 Judge, and the remaining record, does hereby find and ORDER: 17 (1) The Court adopts the Report and Recommendation; 18 (2) Petitioner’s federal habeas petition (Dkt. No. 1) is DENIED and this action is 19 DISMISSED with prejudice; 20 (3) In accordance with Rule 11 of the Rules Governing Section 2254 Cases in the 21 United States District Courts, a certificate of appealability is denied with respect to all claims 22 asserted by petitioner in his federal habeas petition; and ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS PAGE -1 01 (4) The Clerk shall send copies of this Order to all counsel of record, and to Judge 02 Theiler. 03 DATED this 24th day of December, 2013. 04 A 05 06 The Honorable Richard A. Jones United States District Judge 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS PAGE -2

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