Phonsavanh v. Gilbert

Filing 43

ORDER OF DISMISSAL. The Court ADOPTS the Report and Recommendation; Petitioner's petition for writ of habeas corpus is DENIED without an evidentiary hearing, and this action is DISMISSED with prejudice; A certificate of appealability is DENIED. Signed by Judge Richard A. Jones. **2 PAGE(S), PRINT ALL**(Phonsavanh Phongmanivan, Prisoner ID: 348561)(MW)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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PHONSAVANH PHONGMANIVAN,

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Petitioner,

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v.

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RON HAYNES,

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Case No. 2:16-cv-00556-RAJ-MAT
PROPOSED ORDER OF
DISMISSAL

Respondent.

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Having reviewed the Report and Recommendation of the Honorable Mary Alice

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Theiler, United States Magistrate Judge, any objections or responses to that, and the

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remaining record, the Court finds and ORDERS:

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(1)
(2)

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Petitioner’s petition for writ of habeas corpus is DENIED without an

evidentiary hearing, and this action is DISMISSED with prejudice;
(3)

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The Court ADOPTS the Report and Recommendation;

A certificate of appealability is DENIED. See 28 U.S.C. § 2253(c); and

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PROPOSED ORDER OF DISMISSAL - 1

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(4)

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

Theiler.
Dated this 30th day of June, 2021.

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A

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The Honorable Richard A. Jones
United States District Judge

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PROPOSED ORDER OF DISMISSAL - 2