Thompson v. State of Washington

Filing 26

ORDER dismissing federal habeas action; adopting 25 Report and Recommendations; striking as moot Petitioner's 23 Motion for Evidentiary Hearing; denying certificate of appealability, by Judge Thomas S. Zilly. **2 PAGE(S), PRINT ALL**(Curtis Thompson, Prisoner ID: 299085)(SWT)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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CURTIS SHANE THOMPSON,
Petitioner,

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v.

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RON HAYNES,

Case No. C16-1369-TSZ

ORDER DISMISSING FEDERAL
HABEAS ACTION
Respondent.

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The Court, having reviewed the Report and Recommendation of Mary Alice Theiler,
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United States Magistrate Judge, docket no. 25, to which no objection was timely filed, hereby
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finds and ORDERS:
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(1)

The Report and Recommendation is APPROVED and ADOPTED;

(2)

Petitioner’s petition for writ of habeas corpus (docket no. 5) and this action are

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DISMISSED, with prejudice, as untimely;
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(3)

Petitioner’s motions for an evidentiary hearing and for appointment of counsel

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(docket no. 23) are STRICKEN as moot;
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(4)

In accordance with Rule 11 of the Rules Governing Section 2254 Cases in the

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United States District Courts, a certificate of appealability is DENIED; and
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ORDER DISMISSING FEDERAL
HABEAS ACTION - 1

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(5)

The Clerk is directed to send copies of this Order to petitioner, to counsel for

respondent, and to the Honorable Mary Alice Theiler.
DATED this 3rd day of May, 2017.

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A

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Thomas S. Zilly
United States District Judge

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ORDER DISMISSING FEDERAL
HABEAS ACTION - 2