Wade v. Mason

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATION 11 . Petitioner's petition for writ of habeas corpus (Dkt. No. 3 ) is DENIED, and this action is DISMISSED WITH PREJUDICE. A certificate of appealability is DENIED. Signed by U.S. District Judge John C Coughenour. **2 PAGE(S), PRINT ALL** (Gary Wade, Prisoner ID: 362423) (PM)

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THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 GARY ANTHONY WADE, 10 Petitioner, v. 11 12 CASE NO. C16-1645-JCC ORDER ADOPTING REPORT AND RECOMMENDATION DEAN MASON, 13 Respondent. 14 15 This matter comes before the Court on the Report and Recommendation of the Honorable 16 Mary Alice Theiler, United States Magistrate Judge (Dkt. No. 11). The Court having reviewed 17 Petitioner’s federal habeas petition, the Report and Recommendation and the lack of objections 18 thereto, and the remaining record, does hereby find and ORDER: 19 (1) The Report and Recommendation (Dkt. No. 11) is approved and adopted; 20 (2) Petitioner’s petition for writ of habeas corpus (Dkt. No. 3) is DENIED, and this 21 22 23 24 action is DISMISSED WITH PREJUDICE; (3) In accordance with Rule 11 of the Rules Governing Section 2254 Cases in the United States District Courts, a certificate of appealability is DENIED; and (4) The Clerk is respectfully DIRECTED to send copies of this Order to Petitioner, to 25 counsel for Respondent, and to the Honorable Mary Alice Theiler. 26 // ORDER ADOPTING REPORT AND RECOMMENDATION PAGE - 1 1 DATED this 22nd day of March, 2017. A 2 3 4 John C. Coughenour UNITED STATES DISTRICT JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDER ADOPTING REPORT AND RECOMMENDATION PAGE - 2

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