Berube v. Uttecht

Filing 34

ORDER ADOPTING 33 REPORT AND RECOMMENDATION ; dismissing with prejudice petitioner's 6 federal habeas petition ; denying issuance of certificate of appealability, by Judge Ricardo S Martinez. (SWT)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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Ivory Berube,
Petitioner,

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CASE NO. C17-288 RSM
ORDER OF DISMISSAL

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v.

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Jeffrey Uttecht,
Respondent.

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

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Recommendation of the Honorable Brian A. Tsuchida, United States Magistrate Judge, any

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objections and responses if filed, 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 federal habeas petition (Dkt. #6) is DISMISSED with prejudice
pursuant to 28 U.S.C. § 2244(d)(1);

(3)

Petitioner is DENIED issuance of a certificate of appealability;

(4)

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

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DATED this 4th day of May 2018.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

ORDER OF DISMISSAL - 1