Phonsavanh v. Gilbert

Filing 21

ORDER OF DISMISSAL by Judge Richard A Jones. The Court adopts the Report and Recommendation; a certificate of appealability is GRANTED with respect to petitioner's claim that he is entitled to equitable tolling of the statute of limitations base d on the unavailability of certain transcripts. A certificate of appealability is DENIED as to all other claims raised in petitioner's federal habeas petition and traverse. **2 PAGES, PRINT ALL** (Phonsavanh Phongmanivan, Prisoner ID: 348561) (AD)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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PHONSAVANH PHONGMANIVAN,
Petitioner,

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CASE NO. C16-0556-RAJ

v.
ORDER OF DISMISSAL

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MARGARET GILBERT,
Respondent.

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The Court, having reviewed the Report and Recommendation (Dkt. # 17) of the

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Honorable Mary Alice Theiler, United States Magistrate Judge, the parties’ objections thereto

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(Dkt. ## 18, 19, 20), and the remaining record, finds and Orders 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 as time barred, and this action is

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DISMISSED with prejudice;
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A certificate of appealability is GRANTED with respect to petitioner’s claim that

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he is entitled to equitable tolling of the statute of limitations based on the unavailability of certain

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transcripts. A certificate of appealability is DENIED as to all other claims raised in petitioner’s

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federal habeas petition and traverse. See 28 U.S.C. § 2253; and
ORDER OF DISMISSAL
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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 7th day of November, 2016.

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A

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The Honorable Richard A. Jones
United States District Judge

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ORDER OF DISMISSAL
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