Martin v. Herzog

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATION; habeas petition is dismissed by Judge Richard A Jones. (RS) cc petitioner

01
02
03
04
05
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

06
07

08 TIMOTHY SEAN MARTIN,
09
10
11
12

)
)
Petitioner,
)
)
v.
)
)
ROBERT HERZOG,
)
)
Respondent.
)
____________________________________ )

13

CASE NO. C14-0519-RAJ

ORDER DISMISSING FEDERAL
HABEAS ACTION

The court has reviewed petitioner’s 28 U.S.C. § 2254 habeas petition, Respondent’s

14 answer to the petition, the Report and Recommendation of Mary Alice Theiler, United States
15 Magistrate Judge, Petitioner’s objection to the Report and Recommendation, and the remaining
16 record. The court concurs fully in the recommendations of the Report and Recommendation.
17 Petitioner’s objection, which focuses almost entirely on his claim that his original counsel
18

rendered ineffective assistance, does not compel a different outcome.
The Court adopts the Report and Recommendation (Dkt. # 16), DENIES Petitioner’s

19
objection (Dkt. # 18), DISMISSES this habeas petition with prejudice, and DECLINES to issue
20

//

21 //
22 //
ORDER DISMISSING FEDERAL
HABEAS ACTION
PAGE -1

01

a certificate of appealability. The clerk shall enter judgment for Respondent and ensure that

02 Judge Theiler receives notice of this order.
03

DATED this 6th day of January, 2015

05

A

06

The Honorable Richard A. Jones
United States District Court Judge

04

07
08
09
10
11
12
13
14
15
16
17
18
19
20
21
22
ORDER DISMISSING FEDERAL
HABEAS ACTION
PAGE -2