Berry v. States

Filing 5

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 4 Report and Recommendations, by Judge Ricardo S Martinez. The Court, having reviewed Petitioners 28 U.S.C. § 2254 habeas petition, the Report and Recommendation of the Honorable Brian A. Tsuch ida, United States Magistrate Judge, any objections or responses to that, and the remaining record, finds and Orders as follows: 1. The Report and Recommendation is ADOPTED; 2. Petitioners 28 U.S.C. § 2254 habeas petition is DISMISSED without prejudice and Petitioners application to proceed in forma pauperis is DENIED; 3. Petitioner is DENIED issuance of a certificate of appealability; and 4. The Clerk shall send a copy of this Order to the parties and to Judge Tsuchida. (cc: Petitioner)(SG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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DARYL L. BERRY,

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Petitioner,

Case No. C15-495 RSM
ORDER OF DISMISSAL

v.

9 STATE,
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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:
1.

The Report and Recommendation is ADOPTED;

2.

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

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and Petitioner’s application to proceed in forma pauperis is DENIED;
3.

Petitioner is DENIED issuance of a certificate of appealability; and

4.

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

DATED this 24th day of April 2015.

A

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RICARDO S. MARTINEZ
UNITED STATES DISTRICT JUDGE

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ORDER OF DISMISSAL- 1