Melendrez v. Gilbert

Filing 72

ORDER ADOPTING 68 REPORT AND RECOMMENDATION. Petitioner's "motion for finding of subterfuge" (Dkt. 55 ) is DENIED. Petitioner's "motion for evidentiary hearing" (Dkt. 64 ) is DENIED. The amended federal habeas petition (Dkt. 18 ) is DENIED and the case is DISMISSED with prejudice. A certificate of appealability is also DENIED. Signed by Judge Richard A. Jones. **2 PAGE(S), PRINT ALL** (Vincent Melendrez, Prisoner ID: 373005) (SR)

Case 2:17-cv-00984-RAJ Document 72 Filed 01/20/22 Page 1 of 2

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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VINCENT PAUL MELENDREZ,
Petitioner,

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CASE NO. 17-984 RAJ
PROPOSED ORDER OF
DISMISSAL

v.
RONALD HAYNES,
Respondent.

Having reviewed the Report and Recommendation of the Honorable Brian A.
Tsuchida, United States Magistrate Judge, objections, and the remaining record, the
Court finds and ORDERS:
(1)

The Court ADOPTS the Report and Recommendation.

(2)

Petitioner’s “motion for finding of subterfuge” (Dkt. 55) is DENIED.

(3)

Petitioner’s “motion for evidentiary hearing” (Dkt. 64) is DENIED.

PROPOSED ORDER OF DISMISSAL - 1

Case 2:17-cv-00984-RAJ Document 72 Filed 01/20/22 Page 2 of 2

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(4)

The amended federal habeas petition (Dkt. 18) is DENIED and the case is

DISMISSED with prejudice.
(5)

A certificate of appealability is also DENIED.

(6)

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

Tsuchida.
Dated this 20th day of January, 2022.

A

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The Honorable Richard A. Jones
United States District Judge

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PROPOSED ORDER OF DISMISSAL - 2