Silva v. Holbrook

Filing 11

ORDER DISMISSING ACTION by Judge Ricardo S Martinez. The Court, having reviewed the Report and Recommendation of James P. Donohue, United States Magistrate Judge, and the remaining record, does hereby find and ORDER: (1) The Court adopts the Report and Recommendation. (2) Neither Petitioners Objections, nor his Second Amended Complaint, nor his Declaration Regarding Exhaustion Efforts, remedy the deficiencies identified by Judge Donohue in his Report and Recommendation. (3) Petitioners federa l habeas petition and this action are DISMISSED without prejudice. (4) Petitioners application to proceed in forma pauperis is STRICKEN as moot. (5) In accordance with Rule 11 of the Rules Governing Section 2254 Cases in the United States District Courts, a certificate of appealability is DENIED. (6) The Clerk is directed to send copies of this Order to petitioner and to the Honorable James P. Donohue. (CC: Petitioner)(SG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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MATTHEW G. SILVA,
Petitioner,

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Case No. C14-1934-RSM

v.
ORDER DISMISSING ACTION

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DONALD HOLBROOK,
Respondent.

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The Court, having reviewed the Report and Recommendation of James P. Donohue,
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United States Magistrate Judge, and the remaining record, does hereby find and ORDER:
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(1)

The Court adopts the Report and Recommendation.

(2)

Neither Petitioner’s Objections, nor his Second Amended Complaint, nor his

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Declaration Regarding Exhaustion Efforts, remedy the deficiencies identified by Judge Donohue
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in his Report and Recommendation.
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(3)

Petitioner’s federal habeas petition and this action are DISMISSED without

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prejudice.
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(4)
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Petitioner’s application to proceed in forma pauperis is STRICKEN as moot.

ORDER DISMISSING ACTION
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(5)

In accordance with Rule 11 of the Rules Governing Section 2254 Cases in the

United States District Courts, a certificate of appealability is DENIED.
(6)

The Clerk is directed to send copies of this Order to petitioner and to the

Honorable James P. Donohue.
DATED this 3 day of March 2015.

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A

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RICARDO S. MARTINEZ
UNITED STATES DISTRICT JUDGE

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ORDER DISMISSING ACTION
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