Bradley v. State of Washington

Filing 7

ORDER DENYING PETITIONER'S HABEAS PETITION WITHOUT PREJUDICE AND ADOPTING REPORT AND RECOMMENDATIONS re 5 Report and Recommendation. Petitioner is Denied issuance of a certificate of appealability by Judge James L. Robart. (MD)

01
02
03
04
05
06

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

07

08 RICHARD WALTER BRADLEY, JR.,
09
10
11
12

)
)
Petitioner,
)
)
v.
)
)
STATE OF WASHINGTON,
)
)
Respondent.
)
____________________________________ )

CASE NO. C13-1327-JLR
ORDER DENYING PETITIONER’S
HABEAS PETITION WITHOUT
PREJUDICE

13
The Court, having reviewed petitioner’s petition for writ of habeas corpus, the Report

14

15 and Recommendation of Mary Alice Theiler, United States Magistrate Judge, and the
16 remaining record, does hereby find and Order:
17

(1)

The Court adopts the Report and Recommendation;

18

(2)

Petitioner’s habeas petition and this action are DISMISSED, without prejudice

19 for failure to prosecute;
20

(3)

Petitioner is DENIED issuance of a certificate of appealability, and

21 / / /
22 / / /

ORDER DENYING PETITIONER’S
HABEAS PETITION WITHOUT PREJUDICE
PAGE -1

01

(4)

The Clerk is directed to send copies of this Order to petitioner, to counsel for

02 respondent, and to Judge Theiler.
03

DATED this 6th day of November, 2013.

A

04
05

JAMES L. ROBART
United States District Judge

06
07
08
09
10
11
12
13
14
15
16
17
18
19
20
21
22

ORDER DENYING PETITIONER’S
HABEAS PETITION WITHOUT PREJUDICE
PAGE -2