Bell v. State of Washington

Filing 23

ORDER ADOPTING REPORT AND RECOMMENDATION by U.S. District Judge John C Coughenour. Petitioner's habeas petition is DENIED with prejudice and this action is DISMISSED with prejudice. Petitioner is DENIED a certificate of appealability. Petitioner's 20 Motion to Appoint Counsel is DENIED. **2 PAGES, PRINT ALL**(PM)

THE HONORABLE JOHN C. COUGHENOUR

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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MERLIN NORMAN BELL,

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Petitioner,
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v.

CASE NO. C15-0076-JCC
ORDER ADOPTING REPORT AND
RECOMMENDATION AND
DENYING HABEAS PETITION

JEFFREY A. UTTECHT,
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Respondent.
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This matter comes before the Court on the petition of Merlin Norman Bell for writ of

16 habeas corpus pursuant to 28 U.S.C. § 2254. (Dkt. No. 8.) The Honorable Mary Alice Theiler,
17 United States Magistrate Judge, issued a Report and Recommendation (“R&R”) (Dkt. No. 19)
18 advising this Court to deny Petitioner’s habeas petition. Petitioner submitted a “Request for
19 Sufficient Legal Representation” (Dkt. No. 20) that does not contain objections to the R&R.
20 Petitioner submitted no objections to the R&R. After thoroughly considering the parties’
21 briefing and the relevant record, the Court finds oral argument unnecessary and hereby ORDERS
22 as follows:
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1. The Court ADOPTS the Report and Recommendation;

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2. Petitioner’s habeas petition is DENIED with prejudice and this action is DISMISSED

25 with prejudice;
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3. Petitioner is DENIED a certificate of appealability with respect to all claims raised in
ORDER ADOPTING REPORT AND
RECOMMENDATION AND DENYING HABEAS
PETITION
PAGE - 1

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his habeas petition;

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4. An evidentiary hearing shall not be required;

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5. Petitioner’s Request for Sufficient Legal Representation (Dkt. No. 20) is DENIED on

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the grounds that there is no constitutional right to counsel in federal habeas proceedings,

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McCleskey v. Zant, 499 U.S. 467, 495 (1991), no evidentiary hearing is to be held, and

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Petitioner has not shown that the interests of justice require appointment of counsel; and

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6. The Clerk shall send a copy of this Order to the parties and to Judge Theiler.

8 It is so ORDERED.
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DATED this 21st day of July 2015.

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A

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John C. Coughenour
UNITED STATES DISTRICT JUDGE

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ORDER ADOPTING REPORT AND
RECOMMENDATION AND DENYING HABEAS
PETITION
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