Tryon v. State of Washington DOC

Filing 16

ORDER ADOPTING 15 Report and Recommendation. Petitioner's petition for writ of habeas corpus (Dkt. 8 ) and this action are DISMISSED, with prejudice, as untimely under 28 U.S.C. § 2244(d); certificate of appealability is DENIED. Signed by Judge Robert S. Lasnik. (cc: Petitioner via first class mail) (TH)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 8 TAMARA SAMANTHA TRYON, Petitioner, 9 10 11 Case No. C17-589-RSL v. ORDER DISMISSING FEDERAL HABEAS ACTION STATE OF WASHINGTON, Respondent. 12 13 14 The Court, having reviewed petitioner’s federal habeas petition, respondent’s answer to 15 the petition, the Report and Recommendation of James P. Donohue, United States Magistrate 16 Judge, any objections thereto, and the remaining record, hereby finds and ORDERS: 17 (1) The Report and Recommendation is adopted. 18 (2) Petitioner’s petition for writ of habeas corpus (Dkt. 8) and this action are 19 20 21 DISMISSED, with prejudice, as untimely under 28 U.S.C. § 2244(d). (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. 22 23 ORDER DISMISSING FEDERAL HABEAS ACTION - 1 1 2 3 (4) The Clerk is directed to send copies of this Order to petitioner, to counsel for respondent, and to the Honorable James P. Donohue. DATED this 20th day of November, 2018. 4 A Robert S. Lasnik 5 6 United States District Judge  7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ORDER DISMISSING FEDERAL HABEAS ACTION - 2

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