Porter v. Glebe

Filing 32

ORDER ADOPTING REPORT AND RECOMMENDATION 31 by Judge Ricardo S Martinez. Petitioner's habeas petition is DENIED and action is DISMISSED with prejudice. A certificate of appealability is GRANTED with respect to Grounds Two and Three of petitioner's habeas petition, and DENIED with respect to Grounds One and Four. See 28 U.S.C. § 2253. **2 PAGE(S), PRINT ALL**(Roy Porter, Prisoner ID: 879520)(PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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ROY S. PORTER,
Petitioner,

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CASE NO. C15-1666RSM

v.
ORDER OF DISMISSAL

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PAT GLEBE,
Respondent.

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The Court, having reviewed the Report and Recommendation (“R&R”) of the Honorable

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Mary Alice Theiler, United States Magistrate Judge, the Objections filed by Petitioner, and the

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remaining record, finds and Orders as follows:

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1.

The Court ADOPTS Judge Theiler’s R&R (Dkt. #30) in its entirety. Petitioner

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has objected to the dismissal of his Petition with prejudice and without an evidentiary hearing.

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Dkt. #31. He has also objected to the recommendation that he be granted a certificate of

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appealability (“COA”) only on Grounds Two and Three (both related to his allegations of

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prosecutorial misconduct) of his Petition, and seeks a COA on all four grounds that he raised. Id.

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However, Petitioner fails to provide any argument or legal authority supporting his Objections.

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In fact, the entirety of Petitioner’s Objections are the two sentences identifying the relief he

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ORDER OF DISMISSAL
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requests from the Undersigned. As a result, the Court can find no basis to reject Judge Theiler’s

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recommendations and will not grant Petitioner’s Objections.

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2.

Petitioner’s habeas petition is DENIED without an evidentiary hearing and this

action is DISMISSED with prejudice.
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A certificate of appealability is GRANTED with respect to Grounds Two and

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Three of petitioner’s habeas petition, and DENIED with respect to Grounds One and Four. See

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28 U.S.C. § 2253.

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4.

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

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DATED this 21 day of June 2016.
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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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ORDER OF DISMISSAL
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