Mitchell v. State of Washington et al

Filing 5

ORDER OF DISMISSAL by Judge Robert S. Lasnik. The Report and Recommendation is ADOPTED; Petitioners Petition is DISMISSED without prejudice; Petitioner is DENIED issuance of a certificate of appealability. (LMK) CC: Petitioner

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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LAVELLE XAVIER MITCHELL,

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Petitioner,

Case No. C14-1173 RSL-BAT
ORDER OF DISMISSAL

v.

9 STATE OF WASHINGTON,
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Respondent.
The Court, having reviewed Petitioner’s 28 U.S.C. § 2254 habeas petition, the Report and
Recommendation of the Honorable Brian A. Tsuchida, United States Magistrate Judge, any
objections or responses to that, and the remaining record, finds and Orders as follows:
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The Report and Recommendation is ADOPTED;

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Petitioner’s 28 U.S.C. § 2254 habeas petition is DISMISSED without prejudice;

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.

DATED this 12th day of September, 2014.

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A
ROBERT S. LASNIK

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United States District Judge

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ORDER OF DISMISSAL- 1