Irby v. Haines

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 4 Report and Recommendations, 5 Motion to Dismiss filed by Terrance Jon Irby by Judge Richard A Jones. **2 PAGE(S), PRINT ALL**(Terrance Irby, Prisoner ID: 631794)(SG)

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HONORABLE RICHARD A. JONES

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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TERRANCE JON IRBY,

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Plaintiff,

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ORDER

v.

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CASE NO. C17-180 RAJ

RON HAYNES, et al.,
Defendant.

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The Court, having reviewed petitioner’s 28 U.S.C. § 2254 habeas petition, the

18 Report and Recommendation of the Honorable Brian A. Tsuchida, United States
19 Magistrate Judge, any objections or responses thereto, and the remaining record, finds
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and Orders as follows:

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1. The Report and Recommendation is ADOPTED;
2. Petitioner’s 28 U.S.C. § 2254 habeas petition is DISMISSED with prejudice;

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petitioner may pursue his habeas claims in Case No. 17-133 RAJ-BAT;
3. Petitioner’s application to proceed in forma paupers (Dkt. # 1) and his motion to

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dismiss (Dkt. # 5) are STRICKEN as moot;

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ORDER- 1

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4. Petitioner is DENIED issuance of a certificate of appealability; and
5. The Clerk shall send a copy of this Order to the petitioner and to Judge

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Tsuchida.

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Dated this 27th day of March, 2017.

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A

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The Honorable Richard A. Jones
United States District Judge

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ORDER- 2